Commonwealth Consolidated Acts

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Multiple parties in migration litigation

Application of section

             (1)  This section applies to all proceedings ( migration proceedings ) in the High Court, the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) that raise an issue in connection with visas (including if a visa is not granted or has been cancelled), deportation, taking, or removal of unlawful non-citizens.

Consolidation of proceedings

             (2)  Consolidation of any migration proceeding with any other migration proceeding is not permitted unless the court is satisfied that:

                     (a)  the consolidation would otherwise be permitted under other relevant laws (including Rules of Court); and

                     (b)  the consolidation is desirable for the efficient conduct of the proceedings.

             (3)  No appeal lies from a decision by the court not to consolidate proceedings under subsection (2).

Other joint proceedings etc.

             (4)  The following are not permitted in or by a migration proceeding:

                     (a)  representative or class actions;

                     (b)  joinder of plaintiffs or applicants or addition of parties;

                     (c)  a person in any other way (but not including as a result of consolidation under subsection (2)) being a party to the proceeding jointly with, on behalf of, for the benefit of, or representing, one or more other persons, however this is described.

Relationship with other laws

             (5)  This section has effect despite any other law, including in particular:

                     (a)  Part IVA of the Federal Court of Australia Act 1976 ; and

                     (b)  any Rules of Court.

             (6)  However, this section does not apply to a provision of an Act if the provision:

                     (a)  commences after this section commences; and

                     (b)  specifically states that this section does not apply.

Exceptions to general rules

             (7)  This section does not prevent the following persons from being involved in a migration proceeding:

                     (a)  the applicants in the proceeding and any persons they represent, if:

                              (i)  the regulations set out a definition of family for the purposes of this paragraph; and

                             (ii)  all of those applicants and other persons are members of the same family as so defined;

                     (b)  a person who becomes a party to the proceeding in performing the person's statutory functions;

                     (c)  the Attorney-General of the Commonwealth or of a State or Territory;

                     (d)  any other person prescribed in the regulations.

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