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[2026] FCA 610
Federal Court of Australia
2026-05-15
Smith J
Original judgment source is linked above.
The application for review must be dismissed.
Ogbonna
Young
In Bizuneh v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 42; (2003) 128 FCR 353, the Full Court described the former analogous rule (O 46 r 7A), observing that (at [15]):
In Ferdinands v Registrar Cridland [2021] FCA 592 at [29]-[30], White J addressed in detail the composite phrase ‘an abuse of process of the Court or is frivolous or vexatious’, concluding:
The Full Court in Ferdinands v Registrar Cridland [2022] FCAFC 80 at [8] referred to White J’s review in Ferdinands of the meaning of the components with approval. There have been many other cases where the Court has similarly approved such descriptions of the terms.
A decision by a Registrar to refuse to accept a document for filing under r 2.26 is an administrative decision. The Full Court in Nyoni v Murphy [2018] FCAFC 75; (2018) 261 FCR 164 at [38] described the Registrar’s function as follows (at [38]):
[2020] FCA 808
(2003) 128 FCR 353
(1997) 191 CLR 204
(2018) 261 FCR 164