DU v Jackson (DCJ)

The applicant, DU, sought leave to file an application for judicial review of a decision made by Judge Jackson in an appeal under the Domestic and Family Violence Protection Act 2012 (Qld). The application was referred to the Court pursuant to UCPR r 15. The second respondent, who had filed a cross application to stay the proceedings, opposed the grant of leave on the basis that the application was frivolous and vexatious. The court was required to determine whether the application disclosed a reasonable cause of action and whether it was frivolous, vexatious, or an abuse of process.

The court considered the history of the matter, which included a series of appeals and applications for leave to appeal that had all been dismissed. The court noted that the applicant had attempted to file an application for review of the decision but had been directed to seek leave of the Court. The court found that the application did not disclose a reasonable cause of action and was, in fact, frivolous and vexatious. The court also found that the applicant had acted in bad faith by filing the application for review despite knowing that leave was required.

The court refused the applicant leave to issue the originating application and ordered that the parties be heard as to costs. The court found that the applicant's conduct warranted an order for costs against the applicant.