Commonwealth of Australia v Scott [2011] FCA 768

Commonwealth of Australia v Scott [2011] FCA 768

The respondents have habitually, persistently and without reasonable grounds instituted vexatious proceedings in the Federal Court of Australia and other Australian courts. The Court is satisfied that the requirements of O 21 r 1 are met and grants the order sought by the applicant, preventing the respondents from instituting any further proceedings in the Federal Court without leave.

Jurisdiction
Australia
Judgment Date
20 June 2011
Procedural Posture
Application / Final Judgment and Orders
Outcome
Application granted
Legal Topics
['vexatious Proceedings' 'order 21 Rule 1 Federal Court Rules' 'abuse of Process']
['civil Procedure'] ['vexatious Proceedings' 'order 21 Rule 1 Federal Court Rules' 'abuse of Process']

Case Brief

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Procedural Posture

Application / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether the respondents have habitually, persistently, and without reasonable grounds instituted vexatious proceedings' 'Whether an order should be made under Order 21 rule 1 preventing the respondents from instituting proceedings without leave']

Ratio Decidendi

The respondents have habitually, persistently and without reasonable grounds instituted vexatious proceedings in the Federal Court of Australia and other Australian courts. The Court is satisfied that the requirements of O 21 r 1 are met and grants the order sought by the applicant, preventing the respondents from instituting any further proceedings in the Federal Court without leave.

Court Disposition

Application granted

Orders

  • ['The respondents may not institute any proceeding in the Federal Court of Australia without leave of the Court.' 'The affidavits and submissions filed in VID 1020 of 2008 in support of and in opposition to the notice of motion filed on behalf of the second respondent on 23 June 2009 are treated as filed in this...