FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Cavar v Secom Australia Pty Ltd (No 3) [2021] FedCFamC2G 290
File number(s): SYG 1610 of 2020 Judgment of: JUDGE HUMPHREYS Date of judgment: 26 November 2021 Catchwords: PRACTICE & PROCEDURE – Application for the making of vexatious proceedings orders – whether the applicant has frequently instituted or conducted vexatious proceedings in Australian Court – whether the applicant is likely to pursue further vexatious proceedings – vexatious proceedings orders made. Legislation: Federal Circuit and Family Court Act 2021 (Cth) ss 7, 239
Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) r 13.10
Age Discrimination Act 2004 (Cth)
Australian Human Rights Commission Act 1986 (Cth)
Fair Work Act 2009 (Cth)
Racial Discrimination Act 1975 (Cth)
Cases cited: Cavar v Coles Supermarkets (Australia) Pty Ltd [2020] NCWCATAD 83
Cavar v Greengate Management Services Pty Ltd (No 2) [2016] FCCA 3358
Cavar v Greengate Management Services Pty Ltd [2016] FCA 961
Cavar v Greengate Management Services Pty Ltd [2017] FCA 471
Cavar v Macquarie Fields Community care Incorporated t/a Community Care [2011] FWA 1173
Cavar v Secom Australia Pty Ltd [2021] FedCFAMC2G 163
Cavar v St Bridgid’s trading as Green Gate Pty Ltd [2015] FCCA 1993
Cavar v Uniting (NSW ACT) [2020] NSWCATAD 82
HWY Rent Pty Ltd v HWY Rentals (in liq) (No 2) [2014] FCA 449
Nadantu v Chapman(No 2) [2019] FCCA 3718
Division: Division 2 General Federal Law Number of paragraphs: 40 Date of last submission/s: 18 November 2021 Date of hearing: 18 November 2021 Place: Parramatta Counsel for the Applicant: There was no appearance on behalf of the Applicant. Solicitor for the Respondent: Mr Tass ORDERS
SYG 1610 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: CELIA CAVAR
Applicant
AND: SECOM AUSTRALIA PTY LTD
Respondent
ORDER MADE BY:
JUDGE HUMPHREYS
DATE OF ORDER:
26 NOVEMBER 2021
THE COURT ORDERS THAT:
1.Ms Cavar is restrained without first obtaining leave from the Court, pursuant to s 242 of the Federal Circuit and Family Court of Australia Act 2021 (Cth), from instituting any new proceedings in this Court pursuant to the Fair Work Act 2009 (Cth), the Age Discrimination Act 2004 (Cth), the Racial Discrimination Act 1975 (Cth) and the Australian Human Rights Commission Act 1986 (Cth).
2.The Court directs that a copy of this judgement be provided to the Registrar of the Court.
3.The Court directs that a copy of this judgement be provided to Judge Cameron for his consideration in the matter of Cavar v Australian Unity Home Care Services (SYG1822/2021).
4.
The Court directs that a copy of this judgement be provided to the respondent’s legal representatives in the matter of Cavar v Heckenberg Protection Agency
(SYG 1823/2021).
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and…
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- Case
- [2021] FedCFamC2G 290
- Decision Date
CaseChat Overview and Summary
The Court found that Ms Cavar had instituted numerous proceedings over a period of more than 12 years and had a history of pursuing claims that had no reasonable prospects of success. The Court considered that Ms Cavar was likely to pursue further vexatious proceedings if not subjected to an appropriate restraint to prevent the waste of Court resources and time, as well as unnecessary cost to the community. The Court was satisfied that the application for vexatious proceedings orders should be granted.
Accordingly, the Court made orders restraining Ms Cavar without first obtaining leave from the Court from instituting any new proceedings in the Court pursuant to the Fair Work Act 2009, the Age Discrimination Act 2004, the Racial Discrimination Act 1975 and the Australian Human Rights Commission Act 1986. The Court also directed that a copy of the judgement be provided to the Registrar of the Court, Judge Cameron, and the respondent’s legal representatives in other proceedings involving Ms Cavar.
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