Francis v Administrative Appeals Tribunal [2016] FCA 639

FEDERAL COURT OF AUSTRALIA

Francis v Administrative Appeals Tribunal [2016] FCA 639 Appeal from: Ronald Francis v Australian Information Commissioner [2015] AATA 936

File number: SAD 10 of 2016

Judge: BESANKO J

Date of judgment: 2 June 2016

Catchwords: PRACTICE AND PROCEDURE – summary judgment – whether applicant has reasonable prospect of successfully prosecuting proceeding - Federal Court of Australia Act 1976 (Cth) s 31A – Federal Court Rules 2011 (Cth) r 26.01(1)(a) ADMINISTRATIVE LAW– appeal against decision of the Administrative Appeals Tribunal – where Tribunal conducted a review of decision made by the Information Commissioner to make a vexatious applicant declaration – where Information Commissioner satisfied that a particular access action involves an abuse of process – Freedom of Information Act 1982 (Cth) ss 89K, 89L

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 40A, 42B, 44 Federal Court of Australia Act 1976 (Cth) ss 31A, 56 Federal Court Rules 2011 (Cth) rr 19.01, 26.01 Freedom of Information Act 1982 (Cth) ss 48, 49, 50, 51, 51A, 51B, 55, 58AA, 89K, 89L

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Francis v Department of Defence [2005] FCA 100 Haritos and Another v Federal Commissioner of Taxation [2015] FCAFC 92; (2015) 233 FCR 315 Re Francis and Department of Defence [2004] AATA 33 Re Francis and Department of Defence [2009] AATA 549 Re Francis and Department of Defence [2010] AATA 780 Re Francis and Department of Defence [2012] AATA 838 Rogers v The Queen (1994) 181 CLR 251 Spencer v Commonwealth [2010] HCA 28; (2010) 241 CLR 118 Walton v Gardiner (1993) 177 CLR 378