HIGH COURT OF AUSTRALIA
BEECH-JONES J
MONFORT PLAINTIFF
AND
BADE & ORS DEFENDANTS
2024 HCASJ 37
Date of Judgment: 3 October 2024
B29 of 2024
ORDERS
1.Pursuant to r 25.09.1 of the High Court Rules 2004 (Cth), the application for a constitutional or other writ filed on 7 June 2024 is dismissed without being listed for hearing.
2.The plaintiff is to pay the first and second defendants' costs of the proceedings.
Representation
The plaintiff is unrepresented
The first defendant is unrepresented
The second defendant is unrepresented
Submitting appearances for the third, fourth and fifth defendants
BEECH-JONES J. On 7 June 2024, the plaintiff, Ms Monfort (a pseudonym), filed an application for a constitutional or other writ in this Court seeking an injunction, a writ of prohibition and writs of certiorari. These remedies are directed to quashing orders made and a warrant of possession issued by the Federal Circuit and Family Court of Australia (Division 1), the effect of which require vacant possession and sale of a property the subject of proceedings under the Family Law Act 1975 (Cth).
Rule 25.09.1 of the High Court Rules 2004 (Cth) provides that an application filed in this Court may be dismissed without being listed for a hearing on the ground that the application does not disclose an arguable basis for the relief sought or is an abuse of process of the Court. An abuse of process "encompasses an attempt to invoke the original or appellate jurisdiction of the High Court on a basis that is confused or manifestly untenable"[1] or, in other words, "manifestly hopeless".[2] For the reasons that follow, that rule should be invoked in this case.
Background
[1]Re Young (2020) 94 ALJR 448 at 451 [13]; 376 ALR 567 at 570.
[2]Citta Hobart Pty Ltd v Cawthorn (2022) 276 CLR 216 at 246-247 [73].
The plaintiff and the first defendant, Mr Bade (a pseudonym), commenced cohabitation in 1991 and married in 1992. Between 2012 and 2014, the plaintiff and first defendant separated on a final basis. In May 2014, the plaintiff filed an application for property settlement under s 79 of the Family Law Act in the Federal Circuit Court of Australia (as it then was). By the time final orders were made, there remained two properties ("Property A" and "Property B") jointly owned by the plaintiff and first defendant.
On 13 October 2017, a Judge of the Federal Circuit Court (Willis J) made final property adjustment orders.[3] Her Honour ordered that Property A and Property B be divided between the plaintiff (75%) and the first defendant (25%), and that a firm of lawyers be appointed to act as trustee for the sale of the properties ("the 2017 Orders"). That firm refused to act as trustee. Instead, the plaintiff and first defendant provided consent orders on 1 February 2019 which, inter alia, made provision for the appointment of the second defendant, Mr Flannan, as a trustee to effect the sale of Property A and Property B. In…
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- Case
- [2024] HCASJ 37
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether Monfort's application disclosed an arguable basis for the relief sought and whether it constituted an abuse of process. The court considered Monfort's numerous previous applications and appeals, which had been dismissed, and the declaration of Monfort as a vexatious litigant. The court also noted the execution of a warrant on 10 June 2024 and the plaintiff's history of litigation against the defendants. The court concluded that Monfort's application was confused and manifestly untenable, as it lacked a coherent legal or factual basis.
The court found that Monfort's application was an abuse of process, given the plaintiff's history of vexatious litigation and the absence of any new or arguable grounds. The court dismissed the application without a hearing and ordered that the reasons for judgment need not be published. Additionally, Monfort was directed to pay the costs of the first and second defendants.
The final orders of the court were as follows: the application filed on 7 June 2024 was dismissed without being listed for hearing, and Monfort was ordered to pay the costs of the first and second defendants. The decision underscored the importance of adhering to the rules governing applications to the High Court and the consequences of vexatious litigation.
Orders
Orders of the court
1. Pursuant to r 25.09.1 of the High Court Rules 2004 (Cth), the application for a constitutional or other writ filed on 7 June 2024 is dismissed without being listed for hearing.
2. The plaintiff is to pay the first and second defendants' costs of the proceedings.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: BEECH-JONES J
Full text does not contain this section.