Scordo v Commonwealth Bank of Australia [2024] FCA 359

FEDERAL COURT OF AUSTRALIA

Scordo v Commonwealth Bank of Australia [2024] FCA 359 File number(s): VID 354 of 2023

Judgment of: BUTTON J

Date of judgment: 12 April 2024

Catchwords: PRACTICE AND PROCEDURE – application for review of a decision of a Registrar pursuant to s 35A(5) of the Federal Court of Australia Act 1976 (Cth) (the Act) and for recusal – where the Registrar determined competing summary judgment applications – where the Registrar summarily dismissed the proceeding as disclosing no reasonable cause of action and having no reasonable prospects of success – where re-hearing is required to proceed de novo – where applicant's claims are based on pseudo-legal arguments that are unmeritorious – where proceeding lacks any reasonable prospect of success – application dismissed

Legislation: Constitution s 51 A New Tax System (Goods and Services Tax) Act 1999 (Cth) s 195-1 Australian Securities and Investments Commission Act 2001 (Cth) ss 12CB, 12DA Banking Act 1959 (Cth) s 39 Bills of Exchange Act 1909 (Cth) s 89 Competition and Consumer Act 2010 (Cth) Sch 2 Australian Consumer Law Corporations Act 2001 (Cth) ss 126, 127 Criminal Code Act 1995 (Cth) Sch 1 The Criminal Code s 131.7 Currency Act 1965 (Cth) ss 8, 9 Federal Court of Australia Act 1976 (Cth) ss 31A, 35A Foreign Judgments Act 1991 (Cth) s 6 National Consumer Credit Protection Act 2009 (Cth) Sch 1 National Credit Code s 8 Trade Practices Act 1974 (Cth) Federal Court Rules 2011 (Cth) r 26.01 Taxation Administration Regulations 1976 (Cth) reg 18 Transfer of Land Act 1958 (Vic) s 76