Crocker, in the matter of Crocker v Minister for Centrelink [2024] FCA 399

Federal Court of Australia

Crocker, in the matter of Crocker v Minister for Centrelink [2024] FCA 399 File number: NSD 1503 of 2023

Judgment of: RANGIAH J

Date of judgment: 19 April 2024

Catchwords: PRACTICE AND PROCEDURE – application for leave to institute proceeding where applicant subject to vexatious proceeding order – whether application for leave and supporting affidavit substantially comply with statutory requirements – whether proposed proceeding is a vexatious proceeding – where affidavit does not list all other proceedings instituted and does not disclose reasons for delay in making application – where proposed proceeding is without reasonable grounds and an abuse of process – application dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44(2A) Federal Court of Australia Act 1976 (Cth) ss 37AM(1), 37AO, 37AR, 37AR(2), 37AR(3), 37AS, 37AS(1), 37AS(2), 37AS(3) and 37AT Federal Court Rules 2011 (Cth) rr 1.34 and 6.03

Cases cited: Crocker v Infa-Secure Pty Ltd [2018] FCA 84 Croker, in the matter of Croker [2019] FCA 359 Crocker, in the matter of Crocker [2019] FCA 432 Gargan, in the matter of Gargan [2018] FCA 871 Garrett, in the matter of Company One [2016] FCA 703 Infa-Secure Pty Limited v Crocker (No 2) (2016) 338 ALR 586; [2016] FCA 202 Infa-Secure Pty Ltd v Crocker (No 3) [2018] FCA 605 Infa-Secure Pty Limited v Crocker [2015] FCA 830 Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 403 ALR 604; [2022] HCA 28 Salomonn v Migration Agents Registration Authority (2014) 141 ALD 459; [2014] FCA 380 Walton v Gardiner (1993) 177 CLR 378