Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Crocker, in the matter of Crocker [2019] FCA 432 File number: QUD 118 of 2019
Judge: LOGAN J
Date of judgment: 29 March 2019
Catchwords: PRACTICE AND PROCEDURE – vexatious proceedings order – application for leave to commence proceeding otherwise barred by vexatious proceedings order – where prospective applicant did not strictly comply with the requirements of s 37AR(3) of the Federal Court of Australia Act 1976 (Cth) – where prospective applicant alleges fraud against proposed respondent – standard of proof for serious allegations – whether prospective applicant has an arguable case.
Legislation: Evidence Act 1995 (Cth) s 140 Federal Court of Australia Act 1976 (Cth) ss 37AM, 37AO, 37AR, 37AS, 37AT Federal Court Rules 2011 (Cth) r 39.05(b) Uniform Civil Procedures 1999 (Qld) rr 667, 668
Cases cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Britax Childcare Pty Ltd, in the matter of Infa Products Pty Ltd v Infa Products Pty Ltd (Administrators Appointed) [2016] FCA 848 Croker, in the matter of Croker [2019] FCA 359 Crocker v Infa-Secure Pty Ltd [2018] FCA 84 Fuller v Toms (2015) 234 FCR 535 Gargan, in the matter of Gargan [2018] FCA 871 James v WorkPower Inc [2018] FCA 2083 Infa-Secure Pty Ltd v Crocker [2016] FCA 1319 Infa-Secure Pty Ltd v Crocker (No 3) [2018] FCA 605 Rana v Department of Defence [2018] FCA 1642
Date of hearing: Determined on the papers
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