Wills v Australian Broadcasting Corporation [2009] FCAFC 6

FEDERAL COURT OF AUSTRALIA

Wills v Australian Broadcasting Corporation [2009] FCAFC 6

PRACTICE AND PROCEDURE – whether primary judge correct to dismiss application on grounds that proceedings had no reasonable prospects of success and disclosed no cause of action – circumstances where self-represented litigant failed to comply with Court directions in relation to filing of affidavit outlining essential factual elements of claim, but had outlined his claim orally to Court – whether applicant had articulated any arguable claim for relief or cause of action PRACTICE AND PROCEDURE – appeals – nature of orders – interlocutory or final – whether order made by primary judge, under s 31A(2) Federal Court of Australia Act 1976 (Cth), that whole claim against one of a number of parties had no reasonable prospects of success, interlocutory or final – circumstances where order made by primary judge did not dispose of whole of proceedings PRACTICE AND PROCEDURE – discretionary power of Court to receive further evidence on appeal – whether different result would have occurred if evidence was available at trial – whether in interests of justice to accept further evidence – whether further evidence establishes reasonable prospect of succeeding Held: Notice of appeal incompetent as filed, but leave granted and appeal allowed

Federal Court of Australia Act 1976 (Cth), ss 27, 31A

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