Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Croker, in the matter of Croker [2019] FCA 359 File number: NSD 7 of 2019
Judge: LEE J
Date of judgment: 18 March 2019
Catchwords: PRACTICE AND PROCEDURE – vexatious litigant - application for leave by person subject to a vexatious proceedings order to commence a new proceeding – applicant required to file an affidavit which identifies all other proceedings the applicant has instituted in any Australian court or tribunal – whether substantial compliance established – Court may receive as evidence any record of evidence given in another proceeding involving the applicant – failure to substantially comply with s 37AR(3) of the Federal Court of Australia Act 1976 (Cth) – application dismissed
Legislation: Disability Discrimination Act 1992 (Cth) Federal Court of Australia Act 1976 (Cth) ss 37AO, 37AR, 37AS
Cases cited: Gargan, in the matter of Gargan [2018] FCA 871 Garrett, in the matter of Company One [2016] FCA 703 Soden v Croker (No 2) [2016] FCA 15; (2016) 334 ALR 540 Attorney General of New South Wales v Croker [2010] NSWSC 942
Date of hearing: 12 March 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 14
Counsel for the Applicant: The applicant appeared in person
ORDERS NSD 7 of 2019
CLAYTON CROKER Applicant
JUDGE: LEE J DATE OF ORDER: 18 March 2019
THE COURT ORDERS THAT:
1. The application for leave to institute proceedings is dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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