Crocker, in the matter of Crocker v Minister for Centrelink [2024] FCA 399

Crocker, in the matter of Crocker v Minister for Centrelink [2024] FCA 399

The application was dismissed because the applicant's affidavit did not substantially comply with the statutory requirements in s 37AR(3) and because the proposed proceeding was found to be a vexatious proceeding lacking reasonable grounds and constituting an abuse of process.

Parties
Applicant: Debra Ann Crocker; Respondent: Minister for Centrelink
Jurisdiction
Australia
Judgment Date
19 April 2024
Procedural Posture
Application for Leave to Institute Proceeding Subject to Vexatious Proceeding Order / Determination of Application for Leave (decided on the Papers)
Outcome
Application for leave to institute proceedings is dismissed
Legal Topics
Vexatious Proceedings, Leave to Institute Proceedings, Extension of Time for Appeals, Federal Court Procedure
Administrative Law Practice and Procedure Vexatious Proceedings Leave to Institute Proceedings Extension of Time for Appeals Federal Court Procedure

Case Brief

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Parties

Debra Ann Crocker

Applicant

Minister for Centrelink

Respondent

Procedural Posture

Application for Leave to Institute Proceeding Subject to Vexatious Proceeding Order / Determination of Application for Leave (decided on the Papers)

Legal Issues

  1. 1 Whether the application for leave and supporting affidavit substantially comply with s 37AR(3) of the Federal Court of Australia Act 1976 (Cth)
  2. 2 Whether the proposed proceeding is a 'vexatious proceeding' within the meaning of s 37AM(1)
  3. 3 Whether leave to institute proceeding should be granted

Ratio Decidendi

The application was dismissed because the applicant's affidavit did not substantially comply with the statutory requirements in s 37AR(3) and because the proposed proceeding was found to be a vexatious proceeding lacking reasonable grounds and constituting an abuse of process.

Court Disposition

Application for leave to institute proceedings is dismissed

Orders

  • The application for leave to institute proceedings is dismissed.
  • The proceeding be renamed to 'Crocker, in the matter of Crocker'.