austlii:cth/HCASJ/2025/21
General information, not legal advice.
HCASJ
2025-08-06
Steward J
Original judgment source is linked above.
AMBER MILLHOUSE, DEPUTY PRESIDENT FAIR WORK COMMISSION & ORS DEFENDANTS
SYDNEY BIRCHALL, REGISTRAR FEDERAL COURT OF AUSTRALIA (NSW REGISTRY) & ORS DEFENDANTS
KATARINA CVITKOVIC - MANAGER COMPLIANCE, INFORMATION AND PRIVACY COMMISSION NSW & ORS DEFENDANTS
S128 of 2024, S145 of 2024, S155 of 2024 and S16 of 2025
The fifth defendant in S145/2024 is represented by Crown Solicitor for NSW
The first, fifth to seventh, ninth, tenth, thirteenth and fourteenth defendants in S16/2025 are represented by Crown Solicitor for NSW
Submitting appearances for the first defendant in S128/2024 and the first and sixth defendants in S145/2024
No appearance for the second to fourth defendants in S128/2024, the second to fourth defendants in S145/2024, the first to fifth defendants in S155/2024 and the second to fourth, eighth, eleventh and twelfth defendants in S16/2025
Federal Court proceedings (NSD725/2024) and (VID701/2024)
(a) on 1 August 2024, Wigney J dismissed the plaintiff's stay application, for reasons later published on 5 August 2024 in Nasir v Reynolds (stay application);[13] and
(b) on 5 August 2024, Wigney J dismissed the plaintiff's leave to appeal application, for reasons published in Nasir v Reynolds (Application for leave to appeal).[14]
Fair Work Commission proceedings (C2023/1822) and (C2024/277)
Request for prosecution to SafeWork NSW and Director of Public Prosecutions (Ref #1-463580)
Civil and Administrative Tribunal (NSW) proceeding (2023/00265501)
Complaint to State Insurance Regulatory Authority (reference 00822969)
"A writ of mandamus ... under section 75(v) of the Constitution, directing the Federal Court of Australia to:"
"[I]t is inappropriate for the original jurisdiction of this Court to be invoked to challenge a decision amenable to appeal, whether or not that appeal is subject to leave. The high constitutional purpose of s 75(v) of the Constitution is to make it constitutionally certain that there is a jurisdiction capable of restraining officers of the Commonwealth from exceeding Commonwealth power. It is not to provide an alternative means of remedying judgments of superior courts from which there are adequate rights of appeal. Where such rights of appeal are not pursued, this Court is deprived of the signal benefit of the lower courts' consideration of the issues raised between the parties. Consequently, where a litigant fails to exhaust its rights of appeal against a decision of a superior court before approaching this Court for relief by way of mandamus or prohibition, the application for relief is liable to be dismissed in the exercise of discretion, at least unless the application involves a constitutional issue that must be determined in order to establish an entitlement to relief."
"It is elementary that a party is bound by the conduct of his case. Except in the most exceptional circumstances, it would be contrary to all principle to allow a party, after a case had been decided against him, to raise a new argument which, whether deliberately or by inadvertence, he failed to put during the hearing when he had an opportunity to do so."
(a) By proposed direction (a), the plaintiff seeks to command the Federal Court to "[c]orrect the factual records" in several respects. What exactly is meant by this is far from clear, which alone renders the proposed direction incompetent and incapable of enforcement. This proposed direction also appears to be bound up with various scandalous allegations (levied by the plaintiff both in the application itself and in numerous supporting affidavits) that Registry staff of the Federal Court are corrupt and colluded with the defendants to undermine his interests. There is no evidence before this Court that would come close to supporting such a conclusion. The plaintiff's allegations are baseless and wholly without merit.
(b) By proposed direction (b), it is apparent that the plaintiff seeks to challenge Lee J's order on 11 July 2024 in proceeding NSD725/2024 that the separate question be heard and determined before any other issue in the proceeding (see above at [[[46]](2025_21.html#_Ref200537403 (c) By proposed direction (c), it is apparent that the plaintiff seeks to challenge Wigney J's orders on 1 and 5 August 2024 in proceeding VID701/2024 (see above at [[[48]](2025_21.html#_Ref200537446 (d) By proposed direction (d), the plaintiff seeks to command the Federal Court to determine a particular "court application". It is far from clear whether the plaintiff is here referring to his originating application in proceeding NSD431/2024 or that in NSD725/2024. Insofar as he refers to the former, that direction would be fundamentally misguided in circumstances where (as explained above at [10]) the plaintiff himself discontinued that application. Insofar as he refers to the latter, that application has already been determined and dismissed by the orders of Lee J (see above at [14]), and no cogent reason has been identified for this Court to disturb those orders. If, alternatively, the plaintiff instead here refers to any of the many other originating or interlocutory applications he previously filed in the Federal Court, he has failed to adequately identify it.
(e) By proposed direction (e), it is apparent that the plaintiff seeks to challenge Lee J's order on 5 September 2024 in proceeding NSD725/2024, dismissing the proceeding on the basis of the answer to the separate question (see above at [[[49]](2025_21.html#_Ref200537526 (f) By proposed directions (f) and (g), the plaintiff seeks to command the Federal Court to determine two particular interlocutory applications seeking "joinder" of one or more party, both of which the plaintiff asserts he filed in proceeding NSD725/2024. It is to be noted that the plaintiff filed no less than 19 separate interlocutory applications in proceedings NSD725/2024 and VID701/2024 (in addition to many more across other proceedings), which Lee J concluded were "either misconceived or legally incomprehensible (or both)".[50] Relevantly, in determining the separate question in proceeding NSD725/2024, his Honour noted that "none of the interlocutory applications have been moved upon, and many were, in any event, superseded by events" and that "[none] of the relief sought in any so-called 'interlocutory application' is material to the consideration of the separate issue which, as I have already ordered, was to be determined before any other issue in the proceeding (and has proven to be determinative of the whole proceeding)".[51] Plainly, it was unnecessary for the Federal Court to determine the plaintiff's interlocutory applications in those circumstances.
"I. The Plaintiff seeks a writ of mandamus under section 75(v) of the Constitution, directing First Defendant Amber Millhouse, Deputy President of the Fair Work Commission. to consider and determine the Plaintiff's recusal application of first defendant dated 2 February 2024 & again on 10 February 2024, in leave to appeal proceedings C2024/277,
(i) First, the orders of Principal Member Simon on 22 August 2023 (in one of his supporting affidavits, the plaintiff referred to and exhibited a copy of these orders). To the extent that the plaintiff seeks to challenge those orders, his claim is misguided; the orders of 22 August 2023 were (as explained above) of a timetabling nature - in particular listing the plaintiff's application for hearing and providing for filing of written submissions. The plaintiff has not identified any sound basis to challenge those orders, and in any event, they have since been superseded by subsequent events and orders (in particular NCAT's dispositive orders of 11 March 2024).
(ii) Second, the dispositive orders of Senior Member Higgins on 11 March 2024 (by which, as explained above, the proceeding was dismissed).[58] Pursuant to s 80 of the NCAT Act, any appeal from those orders would lie to the Appeal Panel of NCAT. The plaintiff has not (at least as at the time of filing written submissions in this Court in proceeding S16/2025) advanced any such appeal - and accordingly, any challenge to these orders by proposed order 2.2 is an abuse of process.
(b) Insofar as concerns NCAT proceeding 2023/00183846, there is extremely limited material before this Court which discloses any meaningful detail about the decision(s) which the plaintiff purports to challenge. In one of his supporting affidavits, the plaintiff exhibited copies of certain correspondence with respect to this matter - including an email he sent to NCAT on 31 August 2023, and a letter sent to him by a Registrar of NCAT on 8 September 2023. None of this correspondence comprises, or otherwise meaningfully assists in identifying, any relevant "decision" in NCAT proceeding 2023/00183846 which could here be capable of an arguable challenge.
"An order under Section 60 of the Judiciary Act 1903 (Cth), read with Section 38 & 32, restraining the [first defendant, a Manager of the Information and Privacy Commission], from engaging in misconduct, deceptive practices, and retaliatory actions, corrupt practices, across agencies. specifically, by colluding with [certain 'individuals and entities' (being a combination of certain defendants in proceeding S16/2025 and certain named employees of some of the defendants)] to obstruct statutory privacy processes and facilitate unlawful conduct."
By this application, the plaintiff seeks orders providing: (i) for the "recusal" of Gleeson J and a named Deputy Registrar of this Court; (ii) that a direction of the Deputy Registrar "to refuse filing of Application of Writ of Mandamus" be set aside; and (iii) that no further correspondence be "received" from the Deputy Registrar.
This document is presented as an amended version of application #1 above. By this amended application, the plaintiff seeks orders providing: (i) again, for the "recusal" of Gleeson J and a named Deputy Registrar of this Court; and (ii) that a direction given by Gleeson J under r 6.07.2 of the Rules (to refuse to issue or file a particular document without the leave of a Justice of this Court first had and obtained) be set aside.
This document is also presented as an amended version of application #1 above. By this further amended application, the plaintiff seeks orders providing: (i) that a particular proceeding in the Local Court of New South Wales be stayed (on the basis that it was "initiated ... under a false identity"); and (ii) again, that a direction given by Gleeson J under r 6.07.2 of the Rules be set aside.
By this application, the plaintiff seeks "court directions regarding the joinder of his claims under Writ of Mandamus Applications S126/2024,[62] S145/2024, S155/2024, and S16/2024",[63] which he claims was ordered by a Deputy Registrar of this Court. This application also outlined what in substance are supplementary submissions in reply to matters raised in the response filed in proceeding S16/2025 by the first, fifth, sixth, seventh, ninth, tenth, thirteenth and fourteenth defendants.
By this application, the plaintiff seeks "directions from the Court" regarding allegations of misconduct which the plaintiff levies against the Registry of this Court.
By this application, the plaintiff seeks an order compelling the first defendant (Deputy President Millhouse of the FWC) to "personally submit a sworn affidavit" admitting to several specific facts in relation to events in FWC proceedings C2023/1822 and C2024/277.
By this application, the plaintiff seeks orders providing: (i) that the Registry of this Court be directed to "explain" certain matters in relation to the documents filed by the defendants; (ii) that the Crown Solicitor for New South Wales (who acts for the fifth defendant) be directed to "declare the current procedural position of each defendant and prohibit silent substitutions"; (iii) that judicial notice be taken of alleged "ongoing malicious prosecution and retaliatory AVPO proceedings supported by the Fifth Defendant (NSW Police)"; (iv) that the Court "acknowledge obstruction of justice" allegedly engaged in by the defendants; and (v) for "any other directions to prevent abuse of process and uphold fairness". This application also separately outlines several scandalous (and unsubstantiated) allegations that the Registry of this Court has colluded with the defendants and engaged in "procedural abuse".
By this application, the plaintiff seeks an order "directing the inclusion of the Commissioner of the Australian Federal Police and the lodgement of a report against [two officers of Oracle (i.e. two of the Three Oracle Defendants)], certain employees of [Oracle], and their legal representative, [a partner of Baker McKenzie]".
By this application, the plaintiff seeks an order directing the fifth defendant (named in this proceeding as "The Commissioner of Police NSW Police Force") to "initiate proceedings" against the Three Oracle Defendants. The plaintiff further outlines in this application allegations that the Three Oracle Defendants forged correspondence from New South Wales government agencies.
By this application, the plaintiff seeks an order requiring the first defendant (a Registrar of the Federal Court) to "confirm on oath the complete and official list of parties recorded as defendants in proceedings NSD 431/2024 as per the court's file and registry record".
This application is substantially duplicative of application #4 above, filed in proceeding S128/2024. Like that application, the only relief sought in this application is "court directions" regarding "joinder" of claims said to have been previously ordered in these four proceedings by a Deputy Registrar of this Court.
By this application, the plaintiff seeks an order compelling the tenth defendant (the DPP) to personally "submit a sworn affidavit" confirming certain matters in relation to the appointment of an Acting Deputy DPP.
By this application, the plaintiff seeks an order compelling the twelfth defendant (President of the AHRC) to "personally submit a sworn affidavit" confirming certain matters in relation to correspondence.
By this application, the plaintiff seeks an order compelling the first defendant (a manager of the Information and Privacy Commission of New South Wales) to "personally submit a sworn affidavit" confirming certain facts.
By this application, the plaintiff seeks an order requiring a particular named employee of the seventh defendant (Insurance and Care NSW) to "provide a sworn affidavit" confirming particular facts.
By this application, the plaintiff seeks an order "in relation to matters concerning the Commonwealth Attorney General as a party to the proceedings, and for an order of confirmation on oath of the authenticity of the email and correspondence purportedly from the Commonwealth Attorney General's Office".
By this application, the plaintiff seeks orders providing that the Attorney-General for New South Wales be required to confirm certain matters "on oath" (principally in relation to email correspondence concerning the prosecution request addressed above bearing reference number Ref #1-463580).
By this application, the plaintiff seeks an order requiring the fourteenth defendant (named as the "State Minister for Customer Service - State of NSW") to confirm certain matters "on oath" in relation to specific correspondence.
By this application, the plaintiff seeks an order requiring "the Department of Prime Minister & Cabinet" to give "confirmation on oath" of certain matters in relation to correspondence said to have been sent by the Department in November 2023.
By this application, the plaintiff seeks orders providing that the Australian Information Commissioner be joined as a party to proceeding S16/2025 and required to "confirm under oath the content of [an email dated 5 April 2024]".
By this application, the plaintiff seeks (in effect) three orders, providing for relief which is substantially duplicative of that sought in applications #13, #16 and #20 above.
By this application, the plaintiff seeks orders providing that: (i) the Chief Executive Officer of the Independent Commission Against Corruption (the "ICAC CEO") "be included as a party to these proceedings"; and (ii) the ICAC CEO be required to "confirm under oath" whether information in certain correspondence is accurate.
By this application, the plaintiff seeks an order requiring a Deputy Registrar of this Court to "confirm on oath" certain matters in relation to documents which the plaintiff sought to file in this Court. This application also discloses several scandalous (and unsubstantiated) allegations of misconduct levied by the plaintiff against the Deputy Registrar.
The relief sought in this application is substantially duplicative of that sought by application #23 above.
By this application, the plaintiff seeks "court direction" regarding an "unjust demand" which is alleged to have been made by a Deputy Registrar of this Court.
By this application, the plaintiff seeks an order requiring a particular named employee of the sixth defendant (the DCS) to give "confirmation under oath" of certain matters concerning her correspondence with the plaintiff.
This application is substantially duplicative of application #8 above filed in proceeding S155/2024.
The relief sought in this application is substantially duplicative of application #26 above.
By this application, the plaintiff seeks orders that: (i) the IRO be appointed as amicus curiae; (ii) SIRA (which the plaintiff erroneously describes as the seventh defendant, whereas in fact they are not party to this proceeding) "enforce [an IRO report] under its statutory role"; and (iii) the NSW "Minister for Customer Service" (which the plaintiff erroneously describes as the thirteenth defendant, whereas in fact they are named as the fourteenth defendant) must "ensure the Plaintiff's contact with SIRA and SafeWork NSW is safe, free from counterattacks, false accusations, or threats".
By this application, the plaintiff seeks orders: (i) that the Registry of this Court be directed to "immediately file and process the Plaintiff's lodged documents without delay"; (ii) for the "correction" of "submission dates" on the plaintiff's applications; and (iii) that the Registry of this Court be directed to comply with the "registry rules". This application also discloses scandalous (and unsubstantiated) allegations that "the Crown Solicitors NSW and Commonwealth Solicitors" have engaged in various kinds of misconduct.
The relief sought in this application is partially duplicative of that sought by application #14 above. The plaintiff again seeks an order compelling the first defendant (a manager of the Information and Privacy Commission of New South Wales) to "personally submit an affidavit" confirming certain identified facts. The facts identified in this application are similar to those identified in the previous application, but depart in other respects.
By this application, the plaintiff seeks an "immediate stay of proceedings". The application is not explicit as to which "proceedings" the plaintiff seeks be stayed, but elsewhere in the document the plaintiff refers to all four of the present proceedings in this Court (all of which were commenced by the plaintiff himself). This stay is sought on the basis of an alleged "persistent tampering with lodgement dates and procedural interference by the High Court Registry, in collusion with the Crown Solicitor".
By this application, the plaintiff seeks (again) an "immediate stay of these proceedings". This application is also not explicit as to which "proceedings" the plaintiff seeks to be stayed, but I infer from the word "these" that he intended to refer to proceeding S16/2025 (i.e. the proceeding in this Court, commenced by the plaintiff himself, in which he filed this application). This stay is sought on the basis that the plaintiff "does not currently have legal representation and is therefore unable to file a response by the deadline set by the Court".
The relief sought in this application is substantially duplicative of that sought in application #29 above. In addition to orders sought in that application, the plaintiff by this application also seeks an order that an employee of the sixth defendant (the DCS) "confirm on oath" certain matters in relation to an email dated 27 April 2023.
By this application, the plaintiff seeks an order requiring a Deputy Registry of this Court to "confirm on oath that the dates recorded on the Plaintiff's filed submissions reflect the actual dates of receipt and filing".
By this application, the plaintiff seeks an order for "removal" of a document filed in this Court. That document is a letter from the DCS to the Office of the DPP dated 27 June 2023, which was reproduced as Exhibit AB3 to an affidavit of a Senior Solicitor of the New South Wales Crown Solicitor's Office, which was filed in this Court on 21 March 2025 by the first, fifth, sixth, seventh, ninth, tenth, thirteenth and fourteenth defendants in proceeding S16/2025. The plaintiff seeks that order on the basis that the document allegedly contains "false and fabricated information concerning the Plaintiff's health" and that it was "improperly and deliberately submitted with the collusion or complicity of the Australian High Court Registry".
By this application, the plaintiff seeks an order requiring "removal of the submission made on 21 March by the Australian High Court Registry staff - in particular, [a Deputy Registrar of this Court] - and Crown Solicitors NSW, who submitted the document under the pretence of representing NSW defendants".
(a) their costs. As the plaintiff's originating application (and each of his interlocutory applications) in this proceeding have been unsuccessful, it is appropriate that costs follow the event for those defendants who have been put to the burden of defending the plaintiff's claims. Accordingly, I order that the plaintiff pay the State Defendants' costs of and incidental to proceeding S16/2025; and
(b) orders amending the names of the fifth, sixth and eighth defendants in proceeding S16/2026 (which were the subject of various typographical errors). I agree that these orders should be made.
Vexatious proceedings order - s 77RN of the Judiciary Act 1903 (Cth)
"First, and most importantly, the expense, burden and inconvenience of the misconceived and baseless proceedings brought by Mr Nasir, and the resulting disruption caused to the efficient management of the Court's business, must be controlled. This case demands the Court's intervention to prevent the institution of meritless and repetitious applications from diverting the Court's attention and limited resources away from the resolution of legitimate and properly constituted proceedings.
Secondly, a vexatious proceedings order is necessary to protect Mr Nasir from the consequences of his own actions. There can be little doubt that Mr Nasir has wasted his time in prosecuting misconceived proceedings. Further, although I do not propose to speculate unduly, it is possible that Mr Nasir suffers from a fixation on these issues which gets worse the more he dwells on them; particularly in circumstances where I have observed a notable difference between his conduct in-Court and in his later intemperate written communications to the Registry. ...
Thirdly, in the absence of a vexatious proceedings order, I am satisfied that Mr Nasir will continue to mount misconceived and repetitious interlocutory and other proceedings, including those which seek to vindicate his allegations that the Court, Registry staff and other persons are engaged in 'collusion' or 'fraud'."
(a) approximately 30 further documents which a Justice of this Court directed the Registrar pursuant to r 6.07.2 of the Rules to refuse to file without the leave of a Justice first had and obtained.[73] Such directions may only be given where a document appears "on its face to be an abuse of the process of the Court, to be frivolous or vexatious or to fall outside the jurisdiction of the Court";[74] and
(b) over 150 further documents of which filing was otherwise rejected for other reasons - including, for example, non-compliance with the Rules, or because the documents were substantially similar to a document for which a r 6.07.2 direction had been made.
[1] Re Young [2020] HCA 13; (2020) 94 ALJR 448 at 451 [13]; [2020] HCA 13; 376 ALR 567 at 570.
[2] Nasir v Reynolds [2024] FCA 1027 at [1].
[3] Nasir v Reynolds [2024] FCA 1027 at [2].
[4] The following is by no means an exhaustive summary of all proceedings agitated across different forums by the plaintiff.
[5] Nasir v Reynolds (Vexatious Proceedings Order) [2024] FCA 1194 at [23].
[6] Nasir v Reynolds [2024] FCA 1027 at [2]; Nasir v Reynolds (Vexatious Proceedings Order) [2024] FCA 1194 at [24].
[7] Nasir v Reynolds [2024] FCA 1027 at [2].
[8] Nasir v Reynolds (Vexatious Proceedings Order) [2024] FCA 1194 at [25].
[9] Nasir v Reynolds (Vexatious Proceedings Order) [2024] FCA 1194 at [26], [48].
[10] Nasir v Reynolds [2024] FCA 1027 at [2].
[11] Nasir v Reynolds [2024] FCA 1027 at [3].
[12] Nasir v Reynolds (stay application) [2024] FCA 864 at [8]- [9].
[15] Nasir v Reynolds [2024] FCA 1027 at [6].
[17] Nasir v Reynolds [2024] FCA 1027 at [54].
[18] Nasir v Reynolds [2024] FCA 1027 at [57].
[19] Nasir v Reynolds [2024] FCA 1027 at [66].
[20] Nasir v Reynolds (Vexatious Proceedings Order) [2024] FCA 1194 at [33], [65].
[21] [2024] FCA 1194. His Honour specified (at [65]) that the vexatious proceedings order would not disturb the plaintiff's extant application for leave to appeal from his Honour's previous orders of 5 September 2024.
[22] Nasir v Oracle Corporation Australia Pty Ltd [2024] FWCFB 76 at [4].
[23] Nasir v Oracle Corporation Australia Pty Ltd [2024] FWCFB 76 at [6].
[24] Nasir v Oracle Corporation Australia Pty Ltd [2024] FWCFB 76 at [8].
[25] Nasir v Oracle Corporation Australia Pty Ltd [2024] FWCFB 76 at [9]- [10].
[26] Nasir v Oracle Corporation Australia Pty Ltd [2024] FWCFB 76 at [11].
[27] Nasir v Oracle Corporation Australia Pty Ltd [2024] FWCFB 76 at [1], [12].
[28] The permission of the FWC is required to appeal a decision of the FWC: FWA, s 604(1).
[29] Nasir v Oracle Corporation Australia Pty Ltd [2024] FWCFB 76 at [2].
[31] Nasir v Oracle Corporation Australia Pty Ltd [2024] FWCFB 76 at [3], [26].
[32] Nasir v Oracle Corporation Australia Pty Ltd [2024] FWCFB 76 at [27].
[33] FVY v SafeWork NSW [2024] NSWCATAD 64 at [5].
[34] FVY v SafeWork NSW [2024] NSWCATAD 64 at [6(1)], [49]-[58].
[35] FVY v SafeWork NSW [2024] NSWCATAD 64 at [59].
[36] FVY v SafeWork NSW [2024] NSWCATAD 64 at [4].
[37] FVY v SafeWork NSW [2024] NSWCATAD 64 at [9].
[38] FVY v SafeWork NSW [2024] NSWCATAD 64 at [60].
[39] FVY v SafeWork NSW [2024] NSWCATAD 64 at [73]- [74].
[41] R v War Pensions Entitlement Appeal Tribunal; Ex parte Bott (1933) 50 CLR 228 at 242 (emphasis added).
[42] NAIS v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 470 at 481 [41].
[43] [2016] HCA 41; (2016) 91 ALJR 1 at 8 [22]; [2016] HCA 41; 338 ALR 360 at 367 (footnotes omitted).
[44] (1985) 59 ALJR 481 at 483; 60 ALR 68 at 71.
[45] Re Young [2020] HCA 13; (2020) 94 ALJR 448 at 451 [13]; [2020] HCA 13; 376 ALR 567 at 570.
[46] The plaintiff's proposed direction (b) does not articulate the proceeding in which the identified order of 11 July 2024 was made, but it is apparent from the context of the proposed direction that the plaintiff intended to refer to Lee J's order in proceeding NSD725/2024.
[47] Nasir v Reynolds (Application for leave to appeal) [2024] FCA 865.
[48] The plaintiff's proposed direction (c) does not articulate the proceeding in which the identified orders of 1 and 5 August 2024 were made, but it is apparent from context that the plaintiff intended to refer to Wigney J's orders in proceeding VID701/2024: Nasir v Reynolds (stay application) [2024] FCA 864; Nasir v Reynolds (Application for leave to appeal) [2024] FCA 865.
[49] The plaintiff's proposed direction (e) does not articulate the proceeding in which this order of 5 September 2024 was made, but it is apparent from the context of the direction that the plaintiff intended to refer to Lee J's order in proceeding NSD725/2024: Nasir v Reynolds [2024] FCA 1027.
[50] Nasir v Reynolds [2024] FCA 1027 at [61]- [62]; Nasir v Reynolds (Vexatious Proceedings Order) [2024] FCA 1194 at [6].
[51] Nasir v Reynolds [2024] FCA 1027 at [69].
[52] The plaintiff's application refers to proceeding C2023/11822. Based on the surrounding context, I infer that this is a typographical error and the plaintiff in fact intended to refer to proceeding C2023/1822.
[53] I infer that the plaintiff refers to the jurisdictional objections raised by Oracle in proceeding C2023/1822: Nasir v Oracle Corporation Australia Pty Ltd [2024] FWCFB 76 at [8].
[55] In the plaintiff's application, the DPP is (in proposed order 1.4) referred to as the eleventh defendant. This is incorrect; the DPP is the tenth defendant named in proceeding S16/2025.
[56] I infer that the plaintiff may intend to refer to an investigation and findings that may have arisen from the referral to the IRO referred to above at [28]. But in any event, the details of any such IRO investigation or findings (if any) are far from clear on the materials before this Court in proceeding S16/2025.
[57] Principal Member Simon is the eighth defendant in proceeding S16/2025, but is misnamed by the plaintiff as "Simmon" in the application.
[58] FVY v SafeWork NSW [2024] NSWCATAD 64.
[59] Nasir v Reynolds [2024] FCA 1027 at [65]; Nasir v Reynolds (Vexatious Proceedings Order) [2024] FCA 1194 at [7].
[60] Nasir v Reynolds (Vexatious Proceedings Order) [2024] FCA 1194 at [34].
[61] Nasir v Reynolds [2024] FCA 1027 at [61]- [62]; Nasir v Reynolds (Vexatious Proceedings Order) [2024] FCA 1194 at [6].
(2020) 94 ALJR 448
(1933) 50 CLR 228
(2005) 228 CLR 470
(2016) 91 ALJR 1
(1985) 59 ALJR 481