Agapis [2017] FCA 286

FEDERAL COURT OF AUSTRALIA

Agapis [2017] FCA 286 File number(s): WAD 395 of 2016

Judge(s): MCKERRACHER J

Date of judgment: 22 March 2017

Catchwords: PRACTICE AND PROCEDURE – vexatious proceedings order pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) (Federal Court Act) – whether leave should be granted to institute a proceeding pursuant to s 37AR(2) of the Federal Court Act – applicant seeking to appeal vexatious proceedings order – application for leave filed out of time – apprehended bias – whether primary judge should have recused himself Held: application for leave to institute a proceeding refused

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37AO, 37AQ, 37AM(1), 37AR, 37AR(2), 37AR(3), 37AS, 37AT

Cases cited: Agapis v Plumbers Licensing Board (No 2) [2014] FCA 1045 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Fuller v Toms [2015] FCAFC 91 Jones v Skyring (1992) 109 ALR 303 Ramsey v Skyring (1999) 164 ALR 378 SZVBN v Minister for Immigration and Border Protection (No 2) [2017] FCA 123

Date of hearing: 9 December 2016

Registry: Western Australia

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 28

Counsel for the Applicant: The Applicant appeared in person

ORDERS WAD 395 of 2016

RAOUL AGAPIS Applicant

JUDGE: MCKERRACHER J DATE OF ORDER: 22 march 2017

THE COURT ORDERS THAT:

1. The application for leave to file an appeal is refused. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.