CMW22 v Administrative Appeals Tribunal [2023] FCA 262

Federal Court of Australia

CMW22 v Administrative Appeals Tribunal [2023] FCA 262 Appeal from: CMW22 v Administrative Appeals Tribunal [2022] FedCFamC2G 767

File number(s): NSD 776 of 2022

Judgment of: PERRY J

Date of judgment: 24 March 2023

Catchwords: PRACTICE AND PROCEDURE – where appellant filed notice of appeal from summary dismissal decision in the Federal Circuit and Family Court of Australia (Division 2) – where leave to appeal was required by s 24(1A) of the Federal Court of Australia Act 1976 (Cth) (FCA Act) – where appeal not competent – appeal dismissed PRACTICE AND PROCEDURE – where allegation of actual/apprehended bias on judge's behalf – application for judge to recuse herself refused PRACTICE AND PROCEDURE – where appellant has brought multiple proceedings with respect to the same issue – appropriateness of a vexatious proceedings order pursuant to s 37AO of the FCA Act

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 42A(4) Child Support (Registration and Collection) Act 1988 (Cth) s 110X Federal Circuit and Family Court of Australia Act 2021 (Cth) s 143 Federal Court of Australia Act 1976 (Cth) ss 24(1A), 24(1D), 37AO Federal Court Rules 2011 (Cth) rr 35.12, 35.13, 36.72 International Covenant on Civil and Political Rights, 999 UNTS 171 (entered into force 23 March 1976) Art 14 United Nations Convention on the Recovery Abroad of Maintenance 268 UNTS 3 (entered into force 25 May 1957)