Croker, in the matter of Croker [2019] FCA 359
The applicant's affidavit failed to substantially comply with s 37AR(3) because it omitted material proceedings and relied on an inadequate method of cataloguing prior litigation. Given the statutory scheme, the failure to provide materially accurate and complete information was fatal to the application for leave.
- Jurisdiction
- Australia
- Judgment Date
- 18 March 2019
- Procedural Posture
- Application for Leave to Institute Proceedings / Determination of Application for Leave
- Outcome
- Application dismissed
- Legal Topics
- ['vexatious Litigant' 'application for Leave' 'affidavit Requirements' 'substantial Compliance' 'disability Discrimination']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Leave to Institute Proceedings / Determination of Application for Leave
Legal Issues
- 1 ['Whether applicant substantially complied with s 37AR(3) of the Federal Court of Australia Act 1976 (Cth) in filing an affidavit listing all other proceedings instituted in any Australian court or tribunal' 'Whether the Court should grant leave to institute proceedings given the incomplete affidavit']
Ratio Decidendi
The applicant's affidavit failed to substantially comply with s 37AR(3) because it omitted material proceedings and relied on an inadequate method of cataloguing prior litigation. Given the statutory scheme, the failure to provide materially accurate and complete information was fatal to the application for leave.
Court Disposition
Application dismissed
Orders
- ['The application for leave to institute proceedings is dismissed.']
Full Case Text
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