AZO24 v Commonwealth (Summary Dismissal) [2024] FCA 1053

Federal Court of Australia

AZO24 v Commonwealth (Summary Dismissal) [2024] FCA 1053 File number: NSD 1036 of 2023

Judgment of: KENNETT J

Date of judgment: 12 September 2024

Catchwords: PRACTICE AND PROCEDURE – application for summary dismissal – application that statement of claim be struck out – where applicant alleges surveillance and "law enforcement controlled operation" has been undertaken against her since 2017 – where applicant's statement of claim pleaded in narrative form – where applicant has presented no evidence that supports claims – whether claim "can truly be described as … one that is contradicted by all the available documents or other materials"

Legislation: Crimes Act 1914 (Cth) Federal Court of Australia Act 1976 (Cth), s 31A Foreign Evidence Act 1994 (Cth), s 7 Telecommunications (Interception and Access) Act 1979 (Cth) Federal Court Rules 2011 (Cth), r 1.34, 17.04

Cases cited: Australian Securities and Investments Commission v Cassimatis [2013] FCA 641; 220 FCR 256 AZO24 v Commonwealth [2024] FCA 218 AZO24 v Commonwealth of Australia (No 2) [2024] FCA 426 AZO24 v Commonwealth of Australia [2024] FCA 555 AZO24 v Registrar, Registry of New South Wales, Federal Court of Australia (No 2) [2024] FCA 1004 AZO24 v Registrar, Registry of New South Wales, Federal Court of Australia [2024] FCA 976 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Jefferson Ford Pty Ltd v Ford Motor Company of Australia Ltd [2008] FCAFC 60; 167 FCR 372 John v Rees [1970] Ch 345 Prior v South West Aboriginal Land and Sea Council Aboriginal Corporation [2020] FCA 808 Quach v McIntyre [2024] FCA 564 Spencer v Commonwealth [2010] HCA 28; 241 CLR 118