Federal Court of Australia
Federal Court of Australia
Storry v Parkyn (Vexatious Proceedings Order) [2024] FCAFC 100 Appeal from: Storry v Parkyn [2023] FCA 1141
File number: QUD 422 of 2023
Judgment of: LEE, FEUTRILL AND JACKMAN JJ
Date of judgment: 31 July 2024
Catchwords: HIGH COURT AND FEDERAL COURT – where the Full Court proposed an order pursuant to s 37AO(2)(b) of the Federal Court of Australia Act 1976 (Cth) that the appellant be prohibited from instituting proceedings without making an application for leave to institute proceedings – where appellant an "indefatigable litigant" – overarching purpose to civil litigation – whether appropriate to make vexatious proceedings order – orders made
Legislation: Constitution s 51 Bankruptcy Act 1966 (Cth) ss 58, 60(4) Evidence Act 1995 (Cth) s 91 Federal Court of Australia Act 1976 (Cth) Pt VB, ss 4, 14(1), 28(1)(b), 37AM(1), 37AO, 37AQ(1)(a), 37AT(4), 37M(1), 37M(3) Judiciary Act 1903 (Cth) s 78 Federal Court Rules 2011 (Cth) Civil Procedure Act 2005 (NSW) ss 56, 57, 58 Civil Procedure Act 2010 (Vic) ss 7, 8, 9 Court Procedure Act 2004 (ACT) s 5A Court Procedures Rules 2006 (ACT) r 21 Fair Trading Inspectors Act 2014 (Qld) Supreme Court (General Civil Procedure) Rules 2005 (Vic) r 1.14 Supreme Court Civil Rules 2006 (SA) r 3 Supreme Court Rules (NT) r 1.10 Uniform Civil Procedure Rules 1999 (Qld) r 5
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