Jorgensen v Jorgensen (No 3) [2021] FCA 201

Federal Court of Australia

Jorgensen v Jorgensen (No 3) [2021] FCA 201 File number: QUD 176 of 2019

Judgment of: LOGAN J

Date of judgment: 11 March 2021

Catchwords: PRACTICE AND PROCEDURE – application for vexatious proceedings order pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) – where Supreme Court of Queensland originally made security for costs order – where respondent did no prove costs order procured by fraud – where hearing continued on basis of oral and written submissions – whether respondent has frequently instituted or conducted vexatious proceedings to subvert the costs order – where first respondent instigated similar litigation by entities controlled by him and his proxies – whether other respondents should be subject to same vexatious proceedings order – application for order pursuant to s 23 and s 37AO(2)(c) of the Federal Court of Australia Act 1976 (Cth) to restrain respondent who had not instituted or conducted proceedings – where first respondent had power of appointment under a trust – whether first respondent could appear for the other respondents – where first respondent allowed to act as McKenzie friend – application by respondent for recusal on basis of bias – recusal application refused – vexatious proceedings order made

Legislation: Access to Justice (Federal Jurisdiction) Amendment Act 2012 (Cth) Evidence Act 1995 (Cth) s 140 Federal Court of Australia Act 1976 (Cth) ss 4, 23, 31A, 37AO Federal Court Rules 2011 (Cth) r 1.34, r 4.01, r 15, r 15.02 Trusts Act 1973 (Qld) Vexatious Proceedings Act 2005 (Qld) Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) s 5 Criminal Code 1899 (Qld) s 120 Vexatious Actions Act 1896 (UK)