Crocker, in the matter of Crocker [2019] FCA 432

Crocker, in the matter of Crocker [2019] FCA 432

The application for leave was dismissed because each proposed proceeding was without reasonable ground and therefore a vexatious proceeding. Ms Crocker's materials did not provide an arguable case that the earlier orders were obtained by fraud; they amounted at most to inexact proofs, indefinite testimony or indirect references drawn from earlier cases and did not disclose new evidence or evidence that could not have been obtained earlier with due diligence. Section 37AS(2) therefore obliged the Court to dismiss the application.

Jurisdiction
Australia
Judgment Date
29 March 2019
Procedural Posture
Application for Leave to Institute Proceedings Subject to a Vexatious Proceedings Order / Determined on the Papers
Outcome
Application for leave to institute proceedings dismissed pursuant to s 37AS(2) of the Federal Court of Australia Act 1976 (Cth).
Legal Topics
['vexatious Proceedings Order' 'leave to Institute Proceedings' 'application to Set Aside Orders for Alleged Fraud' 'standard of Proof for Serious Allegations' 'reasonably Arguable Case']
['practice and Procedure' 'evidence'] ['vexatious Proceedings Order' 'leave to Institute Proceedings' 'application to Set Aside Orders for Alleged Fraud' 'standard of Proof for Serious Allegations' 'reasonably Arguable Case']

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Procedural Posture

Application for Leave to Institute Proceedings Subject to a Vexatious Proceedings Order / Determined on the Papers

Legal Issues

  1. 1 ["Whether the prospective applicant's application for leave should be dismissed under s 37AS of the Federal Court of Australia Act 1976 (Cth) or granted under s 37AT." 'Whether the prospective applicant substantially complied with s 37AR(3) of the Federal Court of Australia Act 1976 (Cth).' 'Whether the proposed proceedings alleging fraud in obtaining earlier Court orders were reasonably arguable.' 'Whether each proposed proceeding was a vexatious proceeding because it was without reasonable ground or an abuse of process.']

Ratio Decidendi

The application for leave was dismissed because each proposed proceeding was without reasonable ground and therefore a vexatious proceeding. Ms Crocker's materials did not provide an arguable case that the earlier orders were obtained by fraud; they amounted at most to inexact proofs, indefinite testimony or indirect references drawn from earlier cases and did not disclose new evidence or evidence that could not have been obtained earlier with due diligence. Section 37AS(2) therefore obliged the Court to dismiss the application.

Court Disposition

Application for leave to institute proceedings dismissed pursuant to s 37AS(2) of the Federal Court of Australia Act 1976 (Cth).

Orders

  • ['The application for leave to institute proceedings be dismissed, pursuant to s 37AS(2) of the Federal Court of Australia Act 1976 (Cth).']