Fokas v Mansfield as Trustee of the Bankrupt Estate of Maria Fokas (No 2) [2020] FCA 30

FEDERAL COURT OF AUSTRALIA

Fokas v Mansfield as Trustee of the Bankrupt Estate of Maria Fokas (No 2) [2020] FCA 30 File number: VID 1669 of 2018

Judge: WHEELAHAN J

Date of judgment: 30 January 2020

Catchwords: PRACTICE AND PROCEDURE – vexatious litigant – making of a vexatious proceedings order under s 37AO of the Federal Court of Australia Act 1976 (Cth) – whether the applicant has frequently instituted or conducted vexations proceedings – held that the applicant has frequently instituted or conducted vexatious proceedings in Australian courts – vexatious proceedings order made. EVIDENCE - whether s 91 of the Evidence Act 1995 (Cth) precludes consideration of decisions in other proceedings in the assessment of whether a litigant has frequently instituted or conducted vexatious proceedings in Australian courts – field of inquiry framed by s 37AO(6) of the Federal Court of Australia Act – the question whether other proceedings were vexatious is a question for the Court considering an application under s 37AO, and s 37AO(6) permits that regard may be had to those other proceedings, including any reasons for judgment.

Legislation: Acts Interpretation Act 1901 (Cth) s 25C Bankruptcy Act 1966 (Cth) ss 54, 153B Evidence Act 1995 (NSW) s 91 Evidence Act 2008 (Vic) ss 91, 93, 190 Evidence (National Uniform Legislation) Act 2011 (NT) Federal Court of Australia Act 1976 (Cth) ss 4, 24, 31A, 37AM, 37AO, 37AQ(1)(a), 37AT(4), 37M Federal Magistrates Act 1999 (Cth) s 104 Legislation Act 2003 (Cth) s 13(1)(a) Vexatious Proceedings Act 2006 (NT) s 7 Vexatious Proceedings Act 2008 (NSW) s 8(2) Vexatious Proceedings Act 2014 (Vic) s 29 Federal Court Rules 2011 (Cth) r 39.05 Federal Court Rules 1979 (Cth) r 21.1(1)