Clarke v Health Care Complaints Commission [2024] FCA 753

Federal Court of Australia

Clarke v Health Care Complaints Commission [2024] FCA 753 Appeal from: Clarke v Health Care Complaints Commission [2023] FedCFamC2G 916

File number: NSD 1327 of 2023

Judgment of: NICHOLAS J

Date of judgment: 11 July 2024

Catchwords: PRACTICE AND PROCEDURE – appeal from vexatious proceedings orders made pursuant to s 239 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) – whether primary judge erred in having regard to judgments and orders in other proceedings not in evidence – where primary judge's reasons incorporated a chronology relating to other proceedings and including references to judgments and orders therein – where primary judge was provided with chronology as an aide memoire – where respondent to appeal accepted that the chronology was not in evidence – whether primary judge erred by treating chronology as evidence when it was not admitted in evidence – where respondent to appeal sought to tender judgments and orders referred to in chronology at the hearing of appeal – whether such judgments and orders should be admitted pursuant to s 27 of the Federal Court of Australia Act 1976 (Cth) – whether primary judge's orders should be set-aside or varied PRACTICE AND PROCEDURE – appeal from vexatious proceedings orders made pursuant to s 239 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) –whether form of order made by primary judge pursuant to s 239 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) not limited to proceedings in Federal Circuit and Family Court of Australia was beyond power conferred by the section

Legislation: Australian Human Rights Commission Act 1986 (Cth) Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 7, 239 Federal Court of Australia Act 1976 (Cth) ss 27, 37AO Evidence Act 1995 (Cth) ss 91, 144 Judiciary Act 1903 (Cth) s 78B Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) r 13.10 Health Practitioner Regulation National Law ss 139(a), 144(d) Civil Procedure Act 2005 (NSW) s 98(4) Vexatious Proceedings Act 2008 (NSW) s 8