Federal Court of Australia
Federal Court of Australia
Ferdinands v Registrar Cridland [2022] FCAFC 80 Appeal from: Ferdinands v Registrar Cridland [2021] FCA 592 Ferdinands v Registrar Parkyn [2020] FCA 1676
File numbers: SAD 102 of 2021 SAD 172 of 2020
Judgment of: CHARLESWORTH, BURLEY AND CHEESEMAN JJ
Date of judgment: 16 May 2022
Catchwords: ADMINISTRATIVE LAW — concurrent appeals – appellant lodging documents for filing – Registrars rejecting the documents under r 2.26 of the Federal Court Rules 2011 (Cth) – primary judge dismissing applications for judicial review of the Registrars' decisions —primary judge concluding that the Registrars did not err in characterising the documents as an abuse of process, vexatious or frivolous—primary judge concluding that r 2.26 did not confer judicial power—primary judge concluding that the litigation sought to be commenced by the appellant was beyond the jurisdiction of the Court and foredoomed to fail — no appealable error – appeals – appeals dismissed
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 5 Corporations Act 2001 (Cth) ss 180, 181, 182, 183, 184 Judiciary Act 1903 (Cth) s 78B Federal Court Rules 2011 (Cth) r 2.26 Civil Liability Act 1936 (SA)
Cases cited: Bechara v Bates (2021) 286 FCR 166 Bizuneh v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 128 FCR 353 Ferdinands v Registrar Cridland [2021] FCA 592 Ferdinands v Registrar Parkyn [2020] FCA 1676 Nyoni v Murphy (2018) 261 FCR 164 Rana v Google Inc (2017) 254 FCR 1
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