Nyoni v Murphy (No 2) [2017] FCA 1479

Nyoni v Murphy (No 2) [2017] FCA 1479

Section 35A(5) of the Federal Court of Australia Act 1976 (Cth) did not empower the Court to review the Registrar's refusal under r 2.26 of the Federal Court Rules 2011 (Cth) to accept the applicant's documents for filing, because that refusal was not an exercise of a power of the Court under s 35A(1). Treating the matter as an application under s 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth), the Registrar did not err: the proposed application under r 39.05(c), (e), (g) and (h) was clearly an abuse of process and frivolous and vexatious on the face of the documents.

Jurisdiction
Australia
Judgment Date
08 December 2017
Procedural Posture
Application for Review of a Registrar's Decision Refusing to Accept an Interlocutory Application and Affidavit for Filing / Judgment on Application for Review
Outcome
Application dismissed with costs.
Legal Topics
["registrar's Refusal to Accept Documents for Filing" 'review Under S 35 A(5) of the Federal Court of Australia Act 1976 (cth)' 'administrative Decisions (judicial Review) Act 1977 (cth) Review' 'federal Court Rules 2011 (cth) Rr 2.26 and 39.05' 'abuse of Process and Frivolous or Vexatious Documents']
['practice and Procedure' 'administrative Law' 'bankruptcy and Insolvency'] ["registrar's Refusal to Accept Documents for Filing" 'review Under S 35 A(5) of the Federal Court of Australia Act 1976 (cth)' 'administrative Decisions (judicial Review) Act 1977 (cth) Review' 'federal Court Rules 2011 (cth) Rr 2.26 and 39.05' 'abuse of Process and Frivolous or Vexatious Documents']

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Procedural Posture

Application for Review of a Registrar's Decision Refusing to Accept an Interlocutory Application and Affidavit for Filing / Judgment on Application for Review

Legal Issues

  1. 1 ["Whether the Federal Court has power under s 35A(5) of the Federal Court of Australia Act 1976 (Cth) to review a Registrar's decision under r 2.26 of the Federal Court Rules 2011 (Cth) refusing to accept documents for filing." "Whether, if treated as an application under s 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth), the Registrar erred in finding that the applicant's proposed application under r 39.05 was an abuse of process and frivolous and vexatious."]

Ratio Decidendi

Section 35A(5) of the Federal Court of Australia Act 1976 (Cth) did not empower the Court to review the Registrar's refusal under r 2.26 of the Federal Court Rules 2011 (Cth) to accept the applicant's documents for filing, because that refusal was not an exercise of a power of the Court under s 35A(1). Treating the matter as an application under s 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth), the Registrar did not err: the proposed application under r 39.05(c), (e), (g) and (h) was clearly an abuse of process and frivolous and vexatious on the face of the documents.

Court Disposition

Application dismissed with costs.

Orders

  • ["The applicant's application of 14 September 2017 for review of the decision of a Registrar of this Court made on 24 August 2017 not to accept the applicant's application and affidavit both dated 24 August 2017 for filing, is dismissed." "The applicant is to pay the respondents' costs."]