Ferdinands v Allaway, National Duty Registrar (No 2) [2023] FCA 12

Federal Court of Australia

Ferdinands v Allaway, National Duty Registrar (No 2) [2023] FCA 12 File number(s): SAD 117 of 2022

Judgment of: O'SULLIVAN J

Date of judgment: 20 January 2023

Catchwords: ADMINISTRATIVE LAW – application for judicial review of Registrar's decision to refuse to accept documents for filing pursuant to r 2.26 of the Federal Court Rules 2011 (Cth) – whether the applicant has standing to seek a review of the decision pursuant to s 11(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) – where the application for judicial review does not identify the grounds in s 5(1) of the ADJR Act – where a Registrar's decision is of an administrative character – where the documents were refused on the basis they are an abuse of the process of the Court, frivolous and vexatious – where the Registrar did not make substantive judgment about the underlying merit of the claims when refusing to accept the documents – application for judicial review dismissed

Legislation: 1 The Commonwealth of Australia Constitution Act 1900 (Cth), ss 51(xxv), 109 Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5(1), 11(1) Federal Court of Australia Act 1976 (Cth), s 37AM Federal Court Rules 2011 (Cth), rr 2.26, 31.01(1)

Cases cited: Ferdinands v Registrar Cridland [2022] FCAFC 80 Ferdinands v Registrar Cridland [2021] FCA 592 Ferdinands v Registrar Stone [2022] FCA 589 Nyoni v Murphy [2018] FCAFC 75; (2018) 261 FCR 164

Division: General Division

Registry: South Australia