Federal Court of Australia
Federal Court of Australia Nasir v Reynolds (Vexatious Proceedings Order) [2024] FCA 1194 File number:
Judgment of: LEE J
Date of judgment: 15 October 2024
Catchwords: HIGH COURT AND FEDERAL COURT – vexatious proceedings – where the Court proposed an order pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) that the applicant be prohibited from instituting proceedings without making an application for leave to institute proceedings – where the applicant has lodged or filed numerous interlocutory applications – where applications misconceived and baseless – relevant principles – where applicant has frequently commenced vexatious proceedings in Australian courts and tribunals – where appropriate to make a vexatious proceedings order – orders made CONTEMPT OF COURT – conduct scandalising the Court – where applicant sent emails to the Registry containing various allegations against Judges of the Court and Court staff – relevant principles – protection of the administration of justice – ongoing criminal proceedings – where unnecessary to make an order at present
Australian Human Rights Commission Act 1986 (Cth) ss 46PF(1)(b), 46PH(1B)(b) Fair Work Act 2009 (Cth) Legislation: Federal Court of Australia Act 1976 (Cth) Pt VB, ss 4, 31, 37AM(1), 37AM(1), 37AO, 37AO(1)(a), 37AO(2)(b), 37AQ(1)(a), 37AT(4), 37P(2) Racial Discrimination Act 1975 (Cth) Federal Court Rules 2011 (Cth) rr 9.05, 29.03(1), 29.03(2)
Attorney-General for the State of Queensland v Matters [2020] QSC 258 Fokas v Mansfield as Trustee of the Bankrupt Estate of Maria Fokas (No 2) [2020] FCA 30 Martin v Trustrum (No 2) [2003] TASSC 50 Matthews v State of Queensland [2015] FCA 1488 Nasir v Reynolds (Application for leave to appeal) [2024] FCA 865 Nasir v Reynolds (stay application) [2024] FCA 864 Nasir v Reynolds [2024] FCA 1027 Cases cited: News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410 R v Arrowsmith [1950] VLR 78 R v Collins [1954] VLR 46 R v Dunbabin; Ex Parte Williams (1935) 53 CLR 434 Ramsey v Skyring [1999] FCA 907; (1999) 164 ALR 378 Re Colina; Ex parte Torney (1999) 200 CLR 386 Storry v Parkyn (Vexatious Proceedings Order) [2024] FCAFC 100 Teoh v Hunters Hill Council (No 8) [2014] NSWCA 125
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