Garrett v The Chief Executive of Austrade (No 3) [2015] FCA 295

Second Respondent

JUDGE: JESSUP J DATE: 31 MARCH 2015 PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 The applicant, Andrew Garrett, has applied for leave, pursuant to s 37AR(2) of the Federal Court of Australia Act 1976 (Cth) ("the Federal Court Act"), to institute a proceeding by way of Interlocutory Application in this proceeding. He has annexed to his application for leave a draft of the Interlocutory Application which he seeks to make. 2 I hold that, in his supporting affidavit, sworn on 16 March 2015 – the applicant has not complied with para (a) of s 37AR(3) of the Federal Court Act; the applicant has not complied with para (b) of s 37AR(3), in that the list exhibited to his affidavit refers only to "cases" in which he has "been involved"; the applicant has not complied with para (c) of s 37AR(3). 3 I can see no reason not to dismiss the applicant's application for leave pursuant to s 37AS(1) of the Federal Court Act. 4 Additionally, I consider that, to the extent that it relates to paras 2, 3, 4 and 5 of the orders sought in the proposed Interlocutory Application, the proceeding would be vexatious within the meaning of paras (b) and (c) of the definition of "vexatious proceeding" in s 37AM(1) of the Federal Court Act. It follows that, to that extent, the application for leave must be dismissed pursuant to s 37AS(2) of the Federal Court Act. 5 I record that the orders accompanying these reasons were made without an oral hearing without the consent of the applicant. I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jessup.