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[2024] FCA 1204
Federal Court of Australia
2024-10-18
O'Sullivan J, Perry J
Original judgment source is linked above.
4.1 Jurisdiction to review the Registrar's decision 20 An application for judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) is the appropriate means by which to seek review of a decision of a Registrar under r 2.26, given the Registrar's discretion is administrative and there is no exercise of judicial power: Ferninands (FCAFC) at [7] (quoting with approval Nyoni at [38]). 21 Justice Needham helpfully set out the relevant principles in AZO24 v Registrar, Registry of New South Wales, Federal Court of Australia (No 2) [2024] FCA 1004 at [21]-[25]: This Court has jurisdiction to review the Registrar's decision under the [Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act)], and in exercise of its original jurisdiction conferred by s 39B(1) of the Judiciary Act 1903 (Cth). Amongst other things, the ADJR Act applies to a decision of an administrative character, proposed to be made, or required to be made (whether in the exercise of a discretion or not), under an Act of the Commonwealth. In Nyoni v Murphy (2018) 261 FCR 164; [2018] FCAFC 75 at [41], (per Barker, Banks-Smith and Colvin JJ) the Court noted that a Registrar's decision in refusing to accept documents for filing was a decision of an administrative character and may be susceptible to judicial review under the ADJR Act. Section 5(1) of the ADJR Act provides that in order for a person to have standing to seek a review of a decision pursuant to that section, the person must be "aggrieved" by the decision to which the ADJR Act applies. Relief under the ADJR Act is discretionary: s 16 of the ADJR Act. 22 Accordingly, I am satisfied I have jurisdiction to review the Registrar's decision.
4.2 The application constitutes an abuse of process 23 The Registrar was correct to conclude that the documents should not be accepted for filing pursuant to r 2.26 of the Rules. The documents filed by the applicant sought to disregard the appeal process of the Court. 24 The effect of the Second FCA Decision is that the applicant has no appeal rights from the First FCA Decision, due to the applicant's failure to file an appeal in time and the Court's decision not to exercise its discretion to allow his application for an extension of time within which to appeal. The present application seeks nonetheless to relitigate the First FCA Decision by using the judicial review process. However, a decision of the Court can only be corrected on appeal, and not by any collateral process. 25 Furthermore, the accompanying affidavits filed by the applicant made multiple sweeping allegations of fraud which did not rise above bare assertion, notwithstanding the applicant's apparent personal belief in the allegations. 26 In these circumstances, I find the application plainly constitutes a vexatious proceeding and an abuse of process. The originating application must therefore be dismissed on this basis. In circumstances where the Registrar submitted save as to costs, there will be no order as to costs. I certify that the preceding twenty-six (26) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Perry.
Keane
Registrar of the Federal Court of Australia
(2003) 128 FCR 353
(2018) 261 FCR 164