Garvey, R.J.B. v. Australian Federal Police [1994] FCA 800

JUDGMENT No. on 22.4 I. CATCHWORDS

Practice and Procedure - application to strike out amended statement of claim - no cause of action disclosed - abuse of process.

Australian Federal Police Act 1979 Section 8

Department of Social Secunty v, Garvey (1990) 22 FCR 132

RECEIVED -2 NOV 1994

FEDERAL COURT OF

AUSTRALIA PRINCIPAL REGISTRY

No. QG 83 of 1994 Cooper J., Brisbane, 28 October, 1994

QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION No, OG 83 of 1994 BETWEEN: ROBERT JOSEPH BARRY GARVEY Applicant AND: AUSTRALIAN FEDERAL POLICE Respondent JUDGE MAKING ORDER: Cooper J. WHERE MADE: Brisbane DATE OF ORDER: 28 October, 1994 MINUTES OF ORDER THE COURT ORDERS THAT: I. The amended statement of claim filed on 9 August, 1994 be struck out. 2. Application number G83 of 1994 and all proceedings in the said application

be permanently stayed.

Note: Settlement and entry of orders is dealt with by Order 36 of the Federal Court Rules.

QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION No, OG 83 of 1994 BETWEEN: ROBERT JOSEPH BARRY GARVEY Applicant AND: AUSTRALIAN FEDERAL POLICE Respondent CORAM: Cooper J. PLACE: Brisbane DATE: 28 October, 1994 REASONS FOR JUDGMENT

On 30 June, 1994 the applicant, Robert Joseph Barry Garvey, imtated proceedings in this court against the Australian Federal Police ("the AFP"). That application, beyond asserting that the AFP acted illegally in refusing to investigate a complaint made by Mr. Garvey to the AFP in a letter dated 2 June, 1994, did not seek any relief. On 1 July, 1994 Mr. Garvey filed a statement of claim which, although it bore the heading "Statement of Claim", merely replicated the front page of the application

with attachments filed on 30 June, 1994.

On 20 July, 1994 the respondent filed a notice of motion seeking orders :-

"l. That the Application and the Statement of Claim filed on I July 1994 be struck out;