Pickering, in the matter of Pickering [2009] FCA 809

Pickering, in the matter of Pickering [2009] FCA 809

The Court held that the proposed applications were frivolous, vexatious, and an abuse of process; the release executed with Centrelink was enforceable and precluded further claims; and judges cannot be sued for actions undertaken in their judicial capacity. No direction was made to the Registrar to accept or issue the proposed applications.

Jurisdiction
Australia
Judgment Date
03 August 2009
Procedural Posture
Ex Parte Application for Directions / Application for Direction to Registrar Under Federal Court Rules O 46, R 7(2)
Outcome
Application dismissed
Legal Topics
['abuse of Process' 'frivolous and Vexatious Proceedings' 'registrar’s Powers' 'judicial Immunity']
['practice and Procedure'] ['abuse of Process' 'frivolous and Vexatious Proceedings' 'registrar’s Powers' 'judicial Immunity']

Case Brief

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Procedural Posture

Ex Parte Application for Directions / Application for Direction to Registrar Under Federal Court Rules O 46, R 7(2)

Legal Issues

  1. 1 ['Whether the Court should direct the Registrar to issue two proposed originating applications refused by the Registrar as frivolous, vexatious or abusive of process.' 'Whether the proposed proceedings against Centrelink and a Federal Court judge are an abuse of process.']

Ratio Decidendi

The Court held that the proposed applications were frivolous, vexatious, and an abuse of process; the release executed with Centrelink was enforceable and precluded further claims; and judges cannot be sued for actions undertaken in their judicial capacity. No direction was made to the Registrar to accept or issue the proposed applications.

Court Disposition

Application dismissed

Orders

  • ['The application made by Mr Pickering pursuant to O 46, r 7(2), that directions be given to the Registrar to issue two originating applications lodged with the Western Australia District Registry of the Court on 19 May 2009, is dismissed.']