This document contains the proposed standard orders that may be used to seek timetabling orders from the Court where a migration matter has been listed for summary judgment.
At the request of the Minister’s solicitors or on the Court’s own initiative, matters may be listed for a summary judgment hearing.
The applicant will have an opportunity to argue that summary judgment should not be ordered and that their case should be allowed to go to a final hearing.
At a summary judgment hearing the Court may dismiss the applicant’s application if it is satisfied that the application (see rule 23.08 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025):
- has no reasonable prospects of success,
- is frivolous or vexatious,
- discloses no reasonable cause of action, or
- is an abuse of the process of the Court.
For more information see: Migration: I want to apply and Migration: Directions, callovers and court hearings.
