Bailiff v The Honourable Anthony Murray Gleeson [2001] FCA 344

FEDERAL COURT OF AUSTRALIA

Bailiff v The Honourable Anthony Murray Gleeson [2001] FCA 344

PRACTICE AND PROCEDURE – procedural matters – orders restraining initiation of proceedings – failure to comply with rules regarding form of application – whether document should be accepted for filing. PRACTICE AND PROCEDURE – procedural matters – orders restraining initiation of proceedings – abuse of process – document presented to a registry to commence proceedings – document appeared to Registrar to be an abuse of the process, frivolous or vexatious – whether Registrar should be directed to refuse to accept document or issue originating process. COURTS AND JUDGES – bias – reasonable apprehension of bias – where judge is named as a party – whether judge automatically disqualified – principles governing disqualification – necessity – whether there is a principle of necessity – circumstances giving rise to the operation of the principle of necessity.

Federal Court Rules O 4 rr 1(2), 3(1), 6(1), 14 (2), O 46 r 7A

Ebner v The Official Trustee in Bankruptcy; Clenae Pty Ltd v ANZ Banking Group Ltd (2000) 75 ALJR 277, applied ALEXANDER MARCEL ANDRE SEBASTIAN BAILIFF & ORS v THE HONOURABLE ANTHONY MURRAY GLEESON & ORS MADGWICK J 16 FEBRUARY 2001 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

DISTRICT REGISTRY

BETWEEN: ALEXANDER MARCEL ANDRE SEBASTIAN BAILIFF & ORS

APPLICANTS

AND: THE HONOURABLE ANTHONY MURRAY GLEESON & ORS

RESPONDENTS

JUDGE: MADGWICK J

DATE: 16 FEBRUARY 2001

WHERE MADE: CANBERRA

DIRECTIONS TO REGISTRAR: 1. The District Registrar is to refuse to accept or issue the documents presented on behalf of the intended applicants insofar as they would, if accepted, affect intended Respondents other than Rodney Neville Madgwick. 2. The District Registrar is to seek the direction of another Judge of this Court insofar as it relates to Rodney Neville Madgwick, named as the 46th and 276th intended Respondent.