Soden v Croker (No 2) [2016] FCA 15

FEDERAL COURT OF AUSTRALIA

Soden v Croker (No 2) [2016] FCA 15 File number(s): NSD 1392 of 2014

Judge(s): PERRY J

Date of judgment: 27 January 2016

Catchwords: PRACTICE AND PROCEDURE – application by Registrar of the Federal Court for vexatious proceedings order under s 37AO(2) of the Federal Court of Australia Act 1976 (Cth) – whether 103 proceedings over a 17-year period relied on by the Registrar were vexatious – meaning of "vexatious" and "proceeding" – whether proceedings instituted "frequently" – where respondent subject to a vexatious proceedings order in the Supreme Court of New South Wales: Attorney-General (NSW) v Croker [2010] NSWSC 942 – where respondent's s 78B notice of a constitutional matter and submissions as to the constitutional issue unintelligible – whether preconditions to exercise of discretion satisfied – where respondent's conduct evidences repeated patterns, including instituting proceedings without reasonable grounds, deficient pleadings, refusal to accept adverse decisions, re-litigation of the same disputes, disproportionate damages sought, pursuit of "spin off" proceedings, and unpaid costs orders – whether Court's discretion should be exercised – where 33 additional proceedings not relied on as vexatious – where respondent has demonstrated no insight into conduct – where order necessary to protect the integrity of the Court's processes and the public – extent of order warranted – order made under s 37AO(2)(b) not limited to subject matter or respondent

Legislation: Access to Justice (Federal Jurisdiction) Amendment Act 2012 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) ss 29, 42A(5)(b), 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) Bankruptcy Act 1966 (Cth) ss 41, 178 Disability Discrimination Act 1992 (Cth) Federal Court of Australia Act 1976 (Cth) ss 4, 25(2)(a), 37AM, 37AO, 56 Federal Court of Australia Regulations 1978 (Cth) reg 2 Federal Court Rules 1979 (Cth) O 7 r 6(1), O 52 r 10, O 52 r 20 Federal Magistrates Court Rules 2001 (Cth) r 13.10 Financial Management and Accountability Act 1997 (Cth) s 33 High Court of Australia Act 1979 (Cth) s 14 High Court Rules 1952 (Cth) O 69A High Court Rules 2004 (Cth) r 6.07 Human Rights and Equal Opportunity Commission Act 1986 (Cth) s 46PO Income Tax Assessment Act 1936 (Cth) s 16(3) Judiciary Act 1903 (Cth) ss 39B, 55ZG, 78B Justices Act 1902 (NSW) Legal Profession Act 1987 (NSW) s 208KA Police Service Act 1990 (NSW) Residential Tenancies Act 1987 (NSW) ss 107, 110 Sale of Goods Act 1923 (NSW) s 19 Service and Execution of Process Act 1992 (Cth) s 105 Social Security Act 1991 (Cth) ss 94(1)(b), 605(1), 665U Social Security Administration Act 1999 (Cth) Supreme Court Rules 1970 (NSW) Vexatious Proceedings Act 2008 (NSW) s 6, 8 Victims Compensation Act 1996 (NSW)