Wardman v Macquarie Bank Limited (No 2)

[2023] FCAFC 125

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Interrogate

Catchwords

1. Practice and Procedure
1. appeal
1. parties compromised proceeding after delivery of judgment and before final orders made
1. whether appropriate to make orders setting aside all orders of primary judge and dismissing the proceedings

Quick Take

Consent orders disposing of Federal Court appeals do not require demonstration of appellable error as a precondition, as the existence of error is a discretionary consideration rather than a jurisdictional requirement, though the Court may require some identification of error in public law cases.