Federal Court of Australia
Federal Court of Australia
Ward v Judicial Registrar Cho [2021] FCA 1661 File numbers: QUD 335 of 2021
Judgment of: LOGAN J
Date of judgment: 1 November 2021
Catchwords: PRACTICE AND PROCEDURE – application to review decision of Registrar to refuse to accept for filing an originating application claiming writ of certiorari to quash treatment confirmation by Queensland Mental Health Tribunal – where applicant did not attend case management hearing – whether Registrar entitled to refuse to permit filing as abuse of process or frivolous or vexatious document – where applicant raises constitutional defence against the Mental Health Tribunal – where multiple avenues of appeal in State Court system – where no jurisdiction evident – application dismissed
Legislation: Constitution ss 28, 51, 109 Judiciary Act 1903 (Cth) ss 39B, 78B Mental Health Act 2016 (Qld) ss 28, 539, 549, 641, 705, 707, 708 Federal Court Rules 2011 (Cth) r 2.26
Cases cited: F. and A. Capelvenere v Omega Developments Corporation Pty Ltd (1983) 77 FLR 385 Re Wakim; Ex parte McNally (1999) 198 CLR 511
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 20
Date of hearing: 1 November 2021
Counsel for the Applicant: The applicant did not appear
Counsel for the Respondent: The Respondent filed a submitting notice, save as to costs
ORDERS QUD 335 of 2021
BETWEEN: AMELITA WARD Applicant
AND: JUDICIAL REGISTRAR JAMES CHO, FEDERAL COURT OF AUSTRALIA Respondent
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate