Federal Court of Australia
Federal Court of Australia Luck v National Duty Registrar of the Federal Court of Australia (Permanent Stay) [2024] FCA 1257 File number: VID 839 of 2024
Judgment of: WHEELAHAN J
Date of judgment: 29 October 2024
Date of publication of reasons: 30 October 2024
Catchwords: HIGH COURT AND FEDERAL COURT — abuse of process – where the applicant lodged documents (the Rejected Documents) for filing in the Federal Court of Australia seeking judicial review relating to a decision of a Justice of the High Court of Australia not to grant the applicant leave to file documents in the High Court – where the National Duty Registrar of the Federal Court refused the Rejected Documents for filing under r 2.26 of the Federal Court Rules 2011 (Cth) on the basis that they were an abuse of the Court's process – where the applicant sought judicial review of the National Duty Registrar's decision – held: the Rejected Documents represented an attempt to abuse the Court's processes – by extension, this application for judicial review is an abuse of process – application permanently stayed as an abuse of process.
Constitution s 73 Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 6, 11 Australian Human Rights Commission Act 1986 (Cth) Legislation: Disability Discrimination Act 1992 (Cth) ss 42, 43 Federal Court of Australia Act 1976 (Cth) s 20A(2) Judiciary Act 1903 (Cth) ss 35, 39B(1)–(1A), 78B Federal Court Rules 2011 (Cth) rr 1.37, 2.26 High Court Rules 2004 (Cth) r 6.07.2
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