Matson v Attorney-General (Cth)

• Jurisdiction: Australia Federal only
• Judgment Date: 29 April 2022
• Neutral Citation: [2022] FCA 461
• Date: 29 April 2022
• Court: Federal Court

FEDERAL COURT OF AUSTRALIA

Matson v Attorney-General (Cth) [2022] FCA 461

File number(s):	QUD 356 of 2020
Judgment of:	COLLIER J
Date of judgment:	29 April 2022
Catchwords:	PRACTICE AND PROCEDURE – application for reinstatement – whereas proceeding stands dismissed by operation of self-executing order – whereas non-compliance with self-executing order was allegedly a result of diary error – whereas no sworn evidence was provided in support of reasons for non-compliance – applicant refused to give evidence under oath as to reasons for non-compliance – re-opening of case once judgment reserved – leave sought to file further submissions and grounds of appeal once judgment reserved - applicant would suffer substantial prejudice if appeal not reinstated - in any event applicant’s proposed grounds of appeal are without merit – leave to file further submissions and grounds of appeal refused - application for reinstatement dismissed ; EXTRADITION – validity of surrender decision made under s 22(3)(f) of the Extradition Act 1988 (Cth) - whether the Attorney-General is bound to take into account Indigenous heritage in making such a decision – established authority provides that discretion under s 22(3)(f) of the Extradition Act 1988 (Cth) is unfettered – in any event Indigenous heritage was considered – special connection of Indigenous persons to traditional lands is long-established – Love and Thoms not analogous to the present case given the applicant’s Australian citizenship – grounds of appeal have no prospects of success
Legislation:	Australian Citizenship Act 2007 (Cth) Evidence Act 1995 (Cth) Extradition Act 1988 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Migration Act 1958 (Cth) Native Title Act 1993 (Cth) Treaty on Extradition between Australia and the United States of America
Cases cited:	AON Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Autodesk Inc v Dyason [No 2] [1993] HCA 6; (1993) 176 CLR 300 Bishop v R (1982) 58 FLR 233 Brown v Petranker (1991) 22 NSWLR 717 Chen v Monash University (2016) 337 ALR 525 Construction Forestry Mining and Energy Union v Director of the Fair Work Building Industry Inspectorate [2016] HCA 41 Dalac v R [2015] NSWCCA 121 De L v Director-General, NSW Department of Community Services (No 2) [1997] HCA 14 Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318 at 330 epublic of Croatia [2009] FCAFC 111 FAI General Insurance Co Ltd v Southern Cross Exploration NL [1988] HCA 13 Harrington Smith (on behalf of the Wongatha People) v Western Australia (No 8) [2004] FCA 338 In Goodwill Group Pty Ltd v Pongrass Associates Pty Ltd [2002] FCA 1203 Inspector-General in Bankruptcy v Bradshaw [2006] FCA 22 Karnafi v Minister for Immigration & Multicultural Affairs [1999] FCA 191 Lobban v Minister for Justice [2016] FCAFC 109 Love v Commonwealth; Thoms v Commonwealth [2020] HCA 3 Mabo and Others v Queensland (No. 2) [1992] HCA 23 Matson v Attorney-General (Cth) [2021] FCA 161 at [218] Matson v Attorney-General (No 2) [2022] FCA 213 Matson v Attorney-General [2020] FCA 1558 Matson v Secretary, Attorney-General’s Department [2021] FCA 1027 Mohammed v Minister for Immigration and Border Protection [2018] FCA 767 O'Donoghue v Ireland [2008] HCA 14 R v Qutami [2001] NSWCCA 353 Rivera v Minister for Justice and Customs [2007] FCAFC 123 Sammy Russo Meat Supplies Pty Ltd v Australian Safeway Stores Pty Ltd [1999] FCA 1381 Savaiinaea v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 56 Scroope v Legal Services Commissioner [2013] NSWCA 178 Skinner v Commonwealth of Australia [2012] FCA 1194 Snedden v Minister for Justice for the Commonwealth of Australia [2014] FCAFC 156 Snedden v Republic of Croatia [2009] FCAFC 111 Soh v Commonwealth [2009] FCA 32 Tenement Administration Services Pty Ltd v Hodson [2013] FCA 610 The Wik Peoples v State of Queensland; The Thayorre People v State of Queensland [1996] HCA 40 Urban Transport Authority of NSW v Nweiser (1992) 28 NSWLR 471 Vasiljkovic v Commonwealth [2006] HCA 40 Venus Adult Shops Pty Ltd v Fraserside Holdings Ltd (No 2) [2007] FCAFC 41 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158 Walsh v Greater Metropolitan Cemeteries Trust (No 2) [2014] FCA 456 Zetta Jet Proprietary Limited v The Ship “Dragon Pearl” [2018] FCA 878
Division:	General Division
Registry:	Queensland
National Practice Area:	Federal Crime and Related Proceedings
Number of paragraphs:	118
Dates of last submissions:	25 March 2022 (applicant) 30 March 2022 (respondent)
Date of hearing:	23 March 2022
Solicitor for the Applicant:	The applicant appeared in person
Counsel for the Respondent:	Mr M McKechnie
Solicitor for the Respondent:	Australian Government Solicitor

ORDERS

		QUD 356 of 2020
BETWEEN:	BARON MATSON Applicant
AND:	ATTORNEY-GENERAL (CTH) Respondent

order made by:	COLLIER J
DATE OF ORDER:	29 April 2022

THE COURT ORDERS THAT:

1. The applicant’s application for leave to file further supplementary submissions dated 6 April 2022, and an additional affidavit annexing a Draft Further Supplementary Notice of Appeal dated 5 April 2022, is refused.

2. The applicant’s application for reinstatement of this proceeding, filed 14 February 2022, is dismissed.

3. The applicant pay the costs of the respondent of and incidental to the proceedings, to be taxed if not otherwise agreed.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

COLLIER J

1 On 14 February 2022 Mr Baron Matson (the applicant) filed an interlocutory application with the Federal Court Registry seeking reinstatement of his appeal in proceeding QUD356/2020. This proceeding was dismissed by self-executing order originally made by myself on 9 July 2021, and subsequently varied by Reeves J by consent on 1 October 2021. The relevant orders originally made by me were as follows:

2. The appellant be granted leave to file and serve any further amended notice of appeal (further amended notice of appeal) by 4.00 pm on 30 September 2021.

3. If the appellant fails to file and serve any further amended notice of appeal in accordance with paragraph 2 of these Orders, the appeal stand...