Wilson v Bell [1999] FCA 800

Wilson v Bell [1999] FCA 800

The Federal Court has no jurisdiction to entertain a claim against a State Judge in relation to actions not involving the exercise of federal jurisdiction. As such, the summons should not be accepted for filing.

Jurisdiction
Australia
Judgment Date
03 June 1999
Procedural Posture
Application / Direction by Judge on Acceptance of Summons
Outcome
Registrar directed to refuse acceptance of the summons for filing.
Legal Topics
['abuse of Process' 'jurisdiction' 'filing of Summons']
['practice and Procedure'] ['abuse of Process' 'jurisdiction' 'filing of Summons']

Case Brief

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Procedural Posture

Application / Direction by Judge on Acceptance of Summons

Legal Issues

  1. 1 ['Whether the Federal Court has jurisdiction to entertain an allegation of judicial corruption against a State Judge not exercising federal jurisdiction' 'Whether the Registrar should accept a summons for filing that does not disclose a federal matter']

Ratio Decidendi

The Federal Court has no jurisdiction to entertain a claim against a State Judge in relation to actions not involving the exercise of federal jurisdiction. As such, the summons should not be accepted for filing.

Court Disposition

Registrar directed to refuse acceptance of the summons for filing.

Orders

  • ['The Registrar to refuse to accept a Summons sought to be filed by the applicant.']