Majak v Barnden [2026] FCA 363

1. The matter is summarily dismissed.
2. The applicant is pay the respondents' costs on a party-party basis.
3. The matter is referred to the National Operations Registrar for allocation to a docket judge for the purpose of considering whether to make an order pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth).

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

1. Any application by the respondent for summary dismissal is to be filed and served no later than 20 March 2026.
2. The matter is referred to the National Operations Registrar for allocation to a docket judge for the purpose of considering whether to make an order pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth).
3. Costs are reserved.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

1. In these matters, the applicant has issued three sets of proceedings in the Court over the period of approximately one month, being SAD 14 of 2026, SAD 26 of 2026, and SAD 35 of 2026.
2. The applicant is an undischarged bankrupt.
3. SAD 14 of 2026 is an action against the applicant's trustee in bankruptcy contending the applicant is not insolvent. That question was determined when an appeal against a sequestration order made against the applicant was dismissed on 30 June 2023.
4. SAD 26 of 2026 is an action against the applicant's former partner. A Receiver was appointed over property, or part thereof, of that relationship by the Federal Circuit and Family Court of Australia. To the extent the applicant has a complaint against either the Receiver, Mr Vouris, or her former partner, Mr Rose, it is the FCFCoA which has jurisdiction, not this Court.
5. On 5 August 2022, Harper J in Massalski & Riley (No 3) [2022] FedCFamC1F 562 made vexatious proceedings orders pursuant to s 102QB of the Family Law Act 1975 (Cth), dismissing all extant applications instituted by the applicant in the FCFCoA and prohibiting the applicant from instituting proceedings, without leave, in relation to Mr Rose in any court with jurisdiction under the FLA.
6. The third proceeding, SAD 35 of 2026, is against the State of Victoria. These proceedings concern orders made by Riordon J in 2017, in which his Honour transferred part of the proceedings before the Supreme Court of Victoria to the FCFCoA. No challenge was made to that order at the time, nor was any challenge to that order made in either the Supreme Court of Victoria or the FCFCoA.
7. The respondents in action numbers SAD 14 of 2026 and SAD 26 of 2026 submit that these proceedings are an abuse of process and an attempt by the applicant to circumvent the prohibition of Harper J's orders, preventing the applicant from instituting proceedings in that Court without leave. I accept that submission.
8. As to SAD 14 of 2026, the applicant's contention, that she is not insolvent, cannot stand in view of her appeal against being made bankrupt being dismissed on 30 June 2023. Further, pursuant to s 58(1) of the Bankruptcy Act 1966 (Cth), all property of the applicant is vested in the trustee in bankruptcy upon the applicant becoming bankrupt. It follows that in any event, the applicant has no standing to bring actions SAD 26 of 2026 or SAD 35 of 2026.
9. Upon the application of the respondents in actions SAD 14 of 2026 and SAD 26 of 2026, those proceedings are summarily dismissed.
10. As to SAD 35 of 2026, being the proceedings against the State of Victoria, no application is made.
11. The Court notes that the matters the subject of all three actions have been on foot since 2015. The applicant has made numerous applications to the Supreme Court of Victoria and the FCFCoA and has now chosen to issue three sets of proceedings in this Court which canvass the same or similar issues raised in those Courts.
12. In the circumstances, the Court will consider making a vexatious proceedings order pursuant to s 37AO of Federal Court of Australia Act 1976 (Cth), and the matters will be referred to the National Operations Registry for allocation to a docket judge for that purpose.
13. The Court makes the orders in each respective matter found at the beginning of these reasons.

I certify that the preceding thirteen (13) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice O'Sullivan.