Alcock v Commonwealth of Australia [2009] FCA 1478

Alcock v Commonwealth of Australia [2009] FCA 1478

The applicant's further amended statement of claim did not remedy the fundamental defects of previous pleadings, failed to disclose any justiciable issue or cause of action, and was overlaid with argumentative or irrelevant material. In these circumstances, no reasonable prospect of success is disclosed and the statement of claim must be struck out with no immediate leave to re-plead.

Jurisdiction
Australia
Judgment Date
17 December 2009
Procedural Posture
Application / Summary Judgment/strike Out Application
Outcome
Further amended statement of claim and application struck out with no immediate leave to re-plead; costs awarded to respondents; orders stayed until further order; liberty to apply reserved.
Legal Topics
['summary Judgment' 'pleadings' 'jurisdiction' 'ultra Vires' 'justiciability']
['constitutional Law' 'administrative Law' 'civil Procedure'] ['summary Judgment' 'pleadings' 'jurisdiction' 'ultra Vires' 'justiciability']

Case Brief

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Procedural Posture

Application / Summary Judgment/strike Out Application

Legal Issues

  1. 1 ["Whether the applicant's further amended statement of claim discloses a reasonable cause of action" 'Whether the proceedings should be struck out, dismissed, or summary judgment entered for the respondents under s 31A of the Federal Court of Australia Act 1976 (Cth)' 'Whether the applicant is entitled to relief in respect of alleged invalidity of State or Commonwealth legislation or actions']

Ratio Decidendi

The applicant's further amended statement of claim did not remedy the fundamental defects of previous pleadings, failed to disclose any justiciable issue or cause of action, and was overlaid with argumentative or irrelevant material. In these circumstances, no reasonable prospect of success is disclosed and the statement of claim must be struck out with no immediate leave to re-plead.

Court Disposition

Further amended statement of claim and application struck out with no immediate leave to re-plead; costs awarded to respondents; orders stayed until further order; liberty to apply reserved.

Orders

  • ['The further amended statement of claim and application filed on 11 September 2009 be struck out with no immediate leave to re-plead or amend.' "The plaintiff pay the first and second respondent's costs of and incidental to the motions on notice respectively filed 16 October 2009 and 8 October 2009, such costs to...