Federal Court of Australia
Federal Court of Australia Crocker, in the Matter of Debra Ann Crocker [2024] FCA 1423 File number(s):
Judgment of: MEAGHER J
Date of judgment: 12 December 2024
Catchwords: PRACTICE AND PROCEDURE – application for leave to institute proceeding where applicant subject to vexatious proceeding order – whether supporting affidavits substantially comply with statutory requirements – whether proposed proceedings are vexatious proceedings – where applicant alleges fraud against proposed respondents – where affidavits do not list all the occasions on which the applicant has applied for leave under s 37AR of the Federal Court of Australia Act 1976 (Cth) – where affidavits do not list all other proceedings instituted – where proposed proceedings are without reasonable ground and an abuse of process – application dismissed
Competition and Consumer Act 2010 (Cth) Sch 2 (Australia Consumer Law) s 232(4) Legislation: Federal Court of Australia Act 1976 (Cth) ss 37AM(1), 37AO, 37AR, 37AR(2), 37AR(3), 37AS(1), 37AS(2), 37AS(3) Trade Marks Act 1995 (Cth) Federal Court Rules 2011 (Cth) rr 1.39, 8.06, 10.11, 16.42, 39.05
Britax Childcare Pty Ltd, in the matter of Infa Products Pty Ltd v Infa Products Pty Ltd (Administrators Appointed) [2016] FCA 848 Crocker v Infa-Secure Pty Ltd [2018] FCA 84 Crocker v Toys 'R' Us (Aust) Pty Ltd [2017] FCA 619 Crocker v Toys 'R' Us (Australia) Pty Ltd [2015] FCA 588 Crocker, in the matter of Crocker [2019] FCA 432 Crocker, in the matter of Crocker [2024] FCA 399 Crocker, in the matter of Crocker v Minister for Centrelink [2024] FCA 399 Croker, in the matter of Croker [2019] FCA 359 Cases cited: Gargan, in the matter of Gargan [2018] FCA 871 HII v Commissioner of Taxation [2020] FCA 1452 Infa-Secure Pty Limited v Crocker (No 2) (2016) 338 ALR 586 Infa-Secure Pty Limited v Crocker [2015] FCA 830 InfaSecure Pty Ltd v Crocker (No 2) (2016) 338 ALR 586 Infa-Secure Pty Ltd v Crocker (No 3) [2018] FCA 605 Infa-Secure Pty Ltd v Crocker [2016] FCA 1319 Re Garrett [2016] FCA 703 Walton v Gardiner (1993) 177 CLR 378
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