Federal Court of Australia
Federal Court of Australia
Cavar v Secom Australia Pty Ltd [2022] FCA 1548 Appeal from: Cavar v Secom Australia Pty Ltd (No 3) [2021] FedCFamC2G 290
File number: NSD 1297 of 2021
Judgment of: KATZMANN J
Date of judgment: 23 December 2022
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal from judgment imposing vexatious proceedings order under s 239 of Federal Circuit and Family Court of Australia Act 2021 (Cth) – whether judgment final or interlocutory – whether order itself meant that leave was required PRACTICE AND PROCEDURE – litigant in person –appeal from vexatious proceedings order in and following making of an adverse costs order in proceeding arising under the Fair Work Act 2009 (Cth) – where court made a vexatious proceedings order on its own initiative – where court identified 17 proceedings commenced by applicant but only determined that the instant proceeding was vexatious, whether judgment affected by appealable error – whether preconditions for making of order established – whether reasons inadequate – whether litigant denied procedural fairness
Legislation: Constitution s 51(xxxix) Federal Circuit and Family Court of Australia Act 2021 (Cth) s 7, 239, 241 Federal Circuit Court of Australia Act 1999 (Cth) s 88Q Federal Court of Australia Act 1976 (Cth) ss 24, 37M Judiciary Act 1903 (Cth) s 78B Federal Court Rules 2011 r 36.01
Cases cited: Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd (1999) 95 FCR 292 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Cavar v Secom Australia Pty Ltd (No 2) [2021] FedCFamC2G 289 Cavar v Secom Australia Pty Ltd (No 3) [2021] FedCFamC2G 290 Cavar v Secom Australia Pty Ltd [2021] FedCFamC2G 163 Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16, 96 ALJR 476 Craig v The State of South Australia (1995) 184 CLR 163 Hunter v Transport Accident Commission [2005] VSCA 1; 43 MVR 130 Kirk v Industrial Court (NSW) (2010) 239 CLR 531 Police Federation of Australia v Nixon (2011) 198 FCR 267 Re Finlayson; Ex parte Finlayson (1997) 72 ALJR 73 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 Reaper v Baycorp Collections PDL (Australia) Pty Limited [2020] FCA 631 Soden v Kowalski [2011] FCA 318 Wainohu v New South Wales (2011) 243 CLR 181
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