Bird v Registrar, Federal Court of Australia [2016] FCA 21

FEDERAL COURT OF AUSTRALIA

Bird v Registrar, Federal Court of Australia [2016] FCA 21 File number: QUD 853 of 2015

Judge: COLLIER J

Date of judgment: 28 January 2016

Catchwords: PRACTICE AND PROCEDURE – r 31.01(1) Federal Court Rules 2011 (Cth) – s 11(1) Administrative Decisions (Judicial Review) Act 1977 (Cth) – where Deputy Registrar of Federal Court refused to accept application for mandamus, habeas corpus and related orders for filing – whether application constituted an abuse of process – decision of Registrar to refuse to accept document for filing reviewable under s 5 Administrative Decisions (Judicial Review Act 1977 (Cth) – applicant seeks decision from this Court on aspects of the merits of his claims – Deputy Registrar is authorised to refuse to file an application pursuant to r 2.26 Federal Court Rules 2011 (Cth) – Deputy Registrar's decision does not involve errors of law

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44(2A) Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 5(1), 11(1) Federal Court of Australia Act 1976 (Cth) ss 19(1), 35A Judiciary Act 1903 (Cth) s 39B Social Security (Administration) Act 1999 (Cth) Guardianship and Administration Act 2000 (Qld) Powers of Attorney Act 1998 (Qld) Public Guardian Act 2014 (Qld) Habeas Corpus Act 1816 (Imp) s 1 Federal Court Rules 2011 (Cth) rr 2.26, 31.01(1)

Cases cited: Barnardo v Ford [1892] AC 326 Conlan v Pratt (No 2) [2013] FCA 105 Eshugbayi Eleko v Governor of Nigeria [1928] AC 459 Rickleman & Bird v Secretary, Department of Families, Housing, Community Services & Indigenous Affairs [2009] FMCA 20 Satchithanantham v National Australia Bank Limited [2009] FCA 1171