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7 Multiple Parties

B the rights to relief claimed in the proceedings are

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(b) the rights to relief claimed in the proceedings are in respect of or arise out of the same trans / series of trans; or (c) if it is desirable in the circumstances – the Court may order the proceedings to be consolidated, or to be tried at the same time or one immediately after the other, or may order any of them to be stayed until after the determination of any other of them.
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People who want to be involved in proceedings or put certain matters before the court. 2 options: amicus curiae or intervener.
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Amicus curiae The footing on which an amicus curiae is heard is that that person is willing to offer the Court a submission on law or relevant fact which will assist the Court in a way in which the Court would not otherwise have been assisted…” per Brennan CJ in Levy v Victoria Usually involves public interest litigation. Why?
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Levy v State of Victoria (1997) 189 CLR 579 Regulations made under the Victorian Wildlife Act 1975 and the Conservation, Forests and Lands Act 1987 made it an offence to be within an area set aside for the hunting of game birds at the beginning of the hunting season without a licence. Laurence Levy opposed duck shooting and in June 1994, at the commencement of the duck shooting season, he was charged with being in a hunting area during a prohibited time without a licence.
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Levy v State of Victoria An amicus will be heard when Court is of opinion that it will be significantly assisted; provided that any cost to the parties or delay is not disproportionate to the assistance that is expected.
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Intervener They become a party, with the burdens associated with it. Interests affected by outcome, but must be >just preferring one outcome over another-concerned about precedent outcome which may be a serious matter for them Statute gives some powers of intervention, eg ACCC, Australian Human Rights Commission, Attorneys-General. All others need to seek leave.
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Inteveners cf amici curiae Intervener = a nonparty, joins ongoing litigation, either as a matter of right, or at the discretion of the court, without the permission of the original litigants. The basic rationale for intervention is that a judgment in a particular case may affect the rights of nonparties, who ideally should have the right to be heard. Amici Curae = someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it.
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Inteveners & amici curiae in Levy v Vic Interveners: Attorneys-General: Cth, Qld, WA, NSW, SA Fairfax Nationwide News Channel 7 Amici curiae: Australian Press Council
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b the rights to relief claimed in the proceedings are in...

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