Federal Court of Australia
Federal Court of Australia
Scott v Judicial Registrar Ditton [2023] FCA 947 File number(s): SAD 193 of 2022
Judgment of: O'SULLIVAN J
Date of judgment: 11 August 2023
Catchwords: ADMINISTRATIVE LAW – application for judicial review of a Registrar's decision under r 2.26 of the Federal Court Rules 2011 (Cth) to reject documents for filing – whether the original application and accompanying documents are an abuse of process, frivolous or vexatious – application dismissed
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5(1), 11(1) Commonwealth of Australia Constitution Act 1900 (Cth) Federal Court of Australia Act 1976 (Cth), ss 19(1), 32(1), 37AM Judiciary Act 1903 (Cth), s 39B(1A) Federal Circuit Court Rules 2011 (Cth), Schedule 1, r 31.01(1)
Cases cited: Ferdinands v Registrar Stone [2022] FCA 589 Nyoni v Murphy [2018] FCAFC 75; (2018) 261 FCR 164
Division: General Division
Registry: South Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 40
Date of last submission/s: 16 March 2023
Date of hearing: Determined on the papers
Counsel for the Applicant: The Applicant was self-represented
Counsel for the Respondent: The Respondent filed a submitting notice
ORDERS SAD 193 of 2022
BETWEEN: SUSAN JANE SCOTT Applicant
AND: ALICIA DITTON, JUDICIAL REGISTRAR Respondent
order made by: O'SULLIVAN J DATE OF ORDER: 11 August 2023
THE COURT ORDERS THAT:
1. The application for judicial review is dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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