Mathews v State of Queensland [2015] FCA 1488

FEDERAL COURT OF AUSTRALIA

Mathews v State of Queensland [2015] FCA 1488 Citation: Mathews v State of Queensland [2015] FCA 1488

Parties: RUSSELL MATHEWS v STATE OF QUEENSLAND

File number: QUD 532 of 2014

Judge: REEVES J

Date of judgment: 24 December 2015

Catchwords: PRACTICE AND PROCEDURE – application for default judgment under rr 5.22 and 5.23 of the Federal Court Rules 2011 (Cth) – where failure to appear at hearing – where no request to appear in a manner other than in person – where non-appearance was a deliberate default PRACTICE AND PROCEDURE – application for summary judgment under s 31A(1)(b) of the Federal Court of Australia Act 1976 (Cth) and r 26.01(1)(a) of the Federal Court Rules 2011 (Cth) – consideration of whether no reasonable prospect of successfully prosecuting claims – where alleged grounds of error include denial of natural justice, apprehended bias and breach of the Disability Discrimination Act 1992 (Cth) – consideration of the principle of open justice – consideration of provisions allowing for appearances other than in person under ss 47 to 47G of the Federal Court of Australia Act 1976 (Cth) – where no reasonable prospect of succeeding on any alleged ground PRACTICE AND PROCEDURE – application for a vexatious proceedings order under s 37AO of the Federal Court of Australia Act 1976 (Cth) – where applicant has repeatedly failed to appear at hearings – where applicant has lodged a large number of applications found to have been made without reasonable grounds – where applicant has made repeated allegations of bias and/or impropriety against judicial officers without any evidence to support those allegations – consideration of whether proceedings frequently instituted without reasonable grounds – consideration of whether proceedings conducted to achieve a wrongful purpose – consideration of this Court's associated jurisdiction under s 32 of the Federal Court of Australia Act 1976 (Cth) Held: the applicant is a person who has frequently instituted or conducted vexatious proceedings in Australian Courts within the terms of s 37AO(1)(a) of the Federal Court of Australia Act 1976 (Cth)