Sayed v Salvation Army Housing [2023] FCA 1298

Sayed v Salvation Army Housing [2023] FCA 1298

The Interlocutory Application sought relief sufficiently connected to the matters currently before the Federal Court, and the Court was not satisfied that it was frivolous or vexatious or an abuse of process for the purposes of rr 2.26 and 2.27 merely on its face or by reference to filed documents. It was in the interests of the administration of justice to direct the Registrar to accept it for filing, without determining its substantive merits, provided that it be made against and on notice to VCAT and be supported by either an affidavit or a list of the correspondence and other documents relied on.

Jurisdiction
Australia
Judgment Date
23 October 2023
Procedural Posture
Application Under R 3.04 of the Federal Court Rules 2011 (cth) for an Order Directing a Registrar to Accept an Interlocutory Application for Filing / Ex Parte Hearing After a Registrar Refused to Accept the Interlocutory Application for Filing Under Rr 2.26 and 2.27(b); Application Allowed Subject to Conditions
Outcome
Application allowed subject to conditions; the Registrar was directed to accept the Interlocutory Application lodged for filing on 5 October 2023.
Legal Topics
['registrar Refusal to Accept Document for Filing' 'frivolous or Vexatious Documents' 'abuse of Process' 'interlocutory Application' 'vcat Jurisdiction' 'writ of Prohibition']
['practice and Procedure' 'administrative and Constitutional Law and Human Rights' 'federal Jurisdiction' 'residential Tenancies'] ['registrar Refusal to Accept Document for Filing' 'frivolous or Vexatious Documents' 'abuse of Process' 'interlocutory Application' 'vcat Jurisdiction' 'writ of Prohibition']

Case Brief

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Procedural Posture

Application Under R 3.04 of the Federal Court Rules 2011 (cth) for an Order Directing a Registrar to Accept an Interlocutory Application for Filing / Ex Parte Hearing After a Registrar Refused to Accept the Interlocutory Application for Filing Under Rr 2.26 and 2.27(b); Application Allowed Subject to Conditions

Legal Issues

  1. 1 ['Whether the Interlocutory Application was frivolous or vexatious or an abuse of process, either on its face or by reference to other documents filed in the proceeding, for the purposes of rr 2.26 and 2.27 of the Federal Court Rules 2011 (Cth)' 'Whether it was in the interests of the due administration of justice to direct the Registrar under rr 1.37 and 3.04 of the Federal Court Rules 2011 (Cth) to accept the Interlocutory Application for filing' 'Whether the Interlocutory Application should be made against and on notice to VCAT and supported by either an affidavit or a list of correspondence and other documents relied on' 'Whether the character of the relief sought as final or interlocutory was a reason not to accept the Interlocutory Application for filing']

Ratio Decidendi

The Interlocutory Application sought relief sufficiently connected to the matters currently before the Federal Court, and the Court was not satisfied that it was frivolous or vexatious or an abuse of process for the purposes of rr 2.26 and 2.27 merely on its face or by reference to filed documents. It was in the interests of the administration of justice to direct the Registrar to accept it for filing, without determining its substantive merits, provided that it be made against and on notice to VCAT and be supported by either an affidavit or a list of the correspondence and other documents relied on.

Court Disposition

Application allowed subject to conditions; the Registrar was directed to accept the Interlocutory Application lodged for filing on 5 October 2023.

Orders

  • ['The Registrar be directed under rules 1.37 and 3.04 of the Federal Court Rules 2011 (Cth) to accept for filing the Interlocutory Application lodged for filing on 5 October 2023, on the conditions that first, the Interlocutory Application be amended either to name the Victorian Civil and Administrative Tribunal...