Barkla v Colbran

[2015] FCA 1470

FEDERAL COURT OF AUSTRALIA

Barkla v Colbran [2015] FCA 1470

Citation:

Barkla v Colbran [2015] FCA 1470

Parties:

GEOFF BARKLA v NICOLA COLBRAN

File numbers:

SAD 403 of 2015
SAD 410 of 2015
SAD 416 of 2015

Judge:

BESANKO J

Date of judgment:

21 December 2015

Catchwords:

PRACTICE AND PROCEDURE – application for judicial review of the District Registrar’s decision not to accept the applicant’s originating application and affidavit for filing – application for judicial review of the District Registrar’s decision not to accept the applicant’s information and summons for filing – where the applicant claimed the District Registrar acted fraudulently, dishonestly and in abuse of public office by not accepting the documents – whether the Federal Court has jurisdiction to hear the application and issue the information and summons the applicant sought to file – Federal Court Rules 2011 (Cth) r 2.26.

PRACTICE AND PROCEDURE – information and summons issued by the applicant against the District Registrar in relation to the District Registrar’s decisions not to accept applicant’s documents for filing – whether the Court has jurisdiction to issue the information and summons – whether the proceeding is without merit and is an abuse of process – Federal Court Rules 2011 (Cth) r 26.01.

Held: Proceedings dismissed.

Legislation:

Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5
Criminal Code Act 1995 (Cth)
Federal Court of Australia Act 1976 (Cth) s 35A(1)
Federal Court Rules 2011 (Cth) rr 1.40, 2.26, 12.01, 26.01, 31.01
Judiciary Act 1903 (Cth) s 39B

Cases cited:

Satchithanantham v National Australia Bank Limited [2010] FCAFC 47

Date of hearing:

18 December 2015

Place:

Adelaide

Division:

GENERAL DIVISION

Category:

Catchwords

Number of paragraphs:

20

Counsel for the Applicant:

The Applicant appeared in person

Counsel for the Respondent:

The Respondent entered Submitting Notices in SAD 403 of 2015 and SAD 410 of 2015

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	SAD 403 of 2015

BETWEEN:	GEOFF BARKLA Applicant
AND:	NICOLA COLBRAN Respondent

JUDGE:	BESANKO J
DATE OF ORDER:	21 DECEMBER 2015
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

1.The proceeding be dismissed.

2.Any application for costs by the District Registrar to be made within 21 days.

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

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	SAD 410 of 2015

BETWEEN:	GEOFF BARKLA Applicant
AND:	NICOLA COLBRAN Respondent

JUDGE:	BESANKO J
DATE OF ORDER:	21 DECEMBER 2015
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

1.The proceeding be dismissed.

2.Any application for costs by the District Registrar to be made within 21 days.

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

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	SAD 416 of 2015

BETWEEN:	GEOFF BARKLA Applicant
AND:	NICOLA COLBRAN Respondent

JUDGE:	BESANKO J
DATE OF ORDER:	21 DECEMBER 2015
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

1.The proceeding be dismissed.

Note:…