Federal Court of Australia
Federal Court of Australia
Webb v Commonwealth of Australia (No 2) [2022] FCA 89 File number: NSD 376 of 2021
Judgment of: ABRAHAM J
Date of judgment: 11 February 2022
Catchwords: PRACTICE AND PROCEDURE – application for summary dismissal under r 26.01 of the Federal Court Rules 2011 (Cth) and, in the alternative, to strike out pleadings under r 16.21 – where the applicant's original statement of claim was previously struck out – where the applicant was granted leave to replead – where proceedings have no reasonable prospects of success – where proceedings are frivolous or vexatious – where proceedings are likely to cause prejudice, embarrassment or delay – consideration of absolute privilege under s 27 of the Defamation Act 2005 (NSW) – proceedings summarily dismissed
Legislation: Defamation Act 2005 (NSW) ss 4, 27, 28 Federal Court Rules 2011 (Cth) rr 16.21, 26.01
Cases cited: AMF15 v Minister for Immigration and Border Protection [2016] FCAFC 68; (2016) 241 FCR 30 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Quail v Gibson [2021] FCA 1115 SZRUR v Minister for Immigration and Border Protection [2013] FCAFC 146; (2013) 216 FCR 445 Webb v Commonwealth of Australia [2021] FCA 1215
Division: General Division
Registry: New South Wales
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 23
Date of hearing: 1 February 2022
Counsel for the Applicant: The applicant appeared in person.
Counsel for the Respondent: Mr N Olson
Solicitor for the Respondent: MinterEllison
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