AZO24 v Registrar, Registry of New South Wales, Federal Court of Australia [2024] FCA 976

AZO24 v Registrar, Registry of New South Wales, Federal Court of Australia [2024] FCA 976

It is an abuse of process to seek interlocutory orders in judicial review proceedings that relate to orders made in separate proceedings before another judge, and to attempt to join parties who are not proper respondents; thus, the Registry should be directed not to accept the joinder application and supporting affidavit for filing, and Interlocutory Orders 2–5 must be redacted from the Originating Application.

Parties
Applicant: AZO24; First Respondent: Registrar, Registry of New South Wales, Federal Court of Australia; Second Respondent: Thomas Stewart, National Registrar, Federal Court of Australia
Jurisdiction
Australia
Judgment Date
27 August 2024
Procedural Posture
Judicial Review / Interlocutory Orders/joinder Application
Outcome
Application for joinder refused; interlocutory orders redacted
Legal Topics
Abuse of Process, Redaction of Court Documents, Joinder of Parties, Filing Procedures, Judicial Review
Administrative Law Abuse of Process Redaction of Court Documents Joinder of Parties Filing Procedures Judicial Review

Case Brief

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Parties

AZO24

Applicant

Registrar, Registry of New South Wales, Federal Court of Australia

First Respondent

Thomas Stewart, National Registrar, Federal Court of Australia

Second Respondent

Procedural Posture

Judicial Review / Interlocutory Orders/joinder Application

Legal Issues

  1. 1 Whether interlocutory orders sought are an abuse of process
  2. 2 Whether it is appropriate to join the Commonwealth of Australia and the State of New South Wales as parties
  3. 3 Whether the Registry should accept the Application for Joinder and supporting affidavit for filing

Ratio Decidendi

It is an abuse of process to seek interlocutory orders in judicial review proceedings that relate to orders made in separate proceedings before another judge, and to attempt to join parties who are not proper respondents; thus, the Registry should be directed not to accept the joinder application and supporting affidavit for filing, and Interlocutory Orders 2–5 must be redacted from the Originating Application.

Court Disposition

Application for joinder refused; interlocutory orders redacted

Orders

  • The Registry is directed not to accept the Interlocutory Application for joinder of the Commonwealth of Australia and the State of New South Wales and accompanying affidavit of the applicant affirmed 21 August 2024 pursuant to r 2.27(e) of the Federal Court Rules 2011 (Cth).
  • Pursuant to r 1.37 of the Federal Court Rules 2011 (Cth), the Registrar is to remove the Originating Application filed on 18 July 2024 from the Court file and replace it with a redacted copy, with redactions applied to Interlocutory orders 2–5 pursuant to r 2.29(1) of the Federal Court Rules 2011 (Cth).