Case: Bahonko v Nurses Board of Victoria (No 2) [2007] FCA 351
Outcome: referred to
The procedural background to these proceedings is set out in my judgment delivered on 14 March 2007: see Bahonko v Nurses Board of Victoria (No 2) [2007] FCA 351 , particularly at [12] to [39]. 12 In this proceeding, a number of notices of motion have been filed by Ms Bahonko at various times. Some of those motions have been completely dealt with, some of them have been partly dealt with, and others have not been determined being left to await the determination of the applications the subject of these reasons. It is useful to set out the parts of the notices of motion that remain open for determination by the Court: 1. As mentioned above, the motion of the NBV, notice of which was dated 15 September 2006, seeking orders that Ms Bahonko be refused leave to extend time for the initiation of this proceeding and, in the alternative, for summary disposal of the proceeding if leave to initiate is granted. 2. As mentioned above, the Minister's motion, notice of which was also dated 15 September 2006, seeking orders that there be judgment for the Minister against Ms Bahonko under s 31A(2) of the Federal Court Act. 3. Ms Bahonko's motion, notice of which was dated 22 September 2006, seeking orders: 3.1 "That solicitor Ms Dominique Saunders will be held to account for deception/fraud committed on 01/09/06"; 3.2 "That Ms Saunders will be held accountable for the obstruction of justice, trickery, fraud, making false statements"; 3.3 "That the current respondents' motions of 14 and 15/09/06 be dismissed and further leave sought from the Judge allocated permanently to the case and in the applicant presence"; 3.4 "That Justice Ryan orders be set aside"; 3.5 "That a new direction hearing be established and conducted by the Judge without the conflict of interest and permanently allocated to the case"; 3.6 "That extension of time to institute appeal against Justice Ryan orders be granted to applicant". 4. Ms Bahonko's motion, notice of which was dated 3 October 2006, which seeks, amongst other things, leave to appeal against the directions made by Ryan J on 1 September 2006, and in particular, orders in the following terms: 4.1 "Extra time to lodge application for leave to appeal Justice Ryan Orders of 01/09/06 is granted to the applicant"; 4.2 "Leave to appeal Justice Ryan orders from 01/09/06 are given to the applicant"; 4.3 "Applicant is exempted from the strict following of the Court Rules"; 4.4 "The Court Hearings including trial will be scheduled no more often than on a fortnightly basis". 5. Ms Bahonko's motion, notice of which was dated 31 October 2006, seeking orders that: 5.1 "The State of Victoria be added to the proceedings as the main Respondents". 5.2 "The relevant proceedings (at present VID 828/2006) at the Federal Court will be joined into one proceeding against the State of Victoria". 5.3 "The original jurisdictions of the Court will be added to the current ones". 5.4 "Additional jurisdictions relevant to the matters will be added". 5.5 "Urgent monetary relief is granted to the applicant". 6. Ms Bahonko's amended notice of motion dated 27 February 2007, paragraph 4 of which was amended by her notice of motion dated 28 May 2007, seeking orders that: 6.1 "Proceedings for the Contempt of Court by the Nurses Board of Victoria, Minister for Health Bronwyn Pike, VGS Office, Russell Kennedy Lawyers &amp; Dr Timothy Entwisle are commenced". 6.2 "Jurisdiction of the Court in the matter VID 855/06 is extended to include relevant and criminal jurisdictions". 13 In addition, on 17 May 2007, Ms Bahonko filed notice of a constitutional issue pursuant to s 78B of the Judiciary Act 1903 (Cth).