Re Pickering

In the case of Re Pickering, the applicant sought directions from the Deputy District Registrar to issue two originating applications against Centrelink and a Federal Court Judge. The application was brought under Order 46, rule 7(2) of the Federal Court of Australia Rules. The central issue before the court was whether the applicant had a genuine entitlement to commence the proposed proceedings and if issuing the applications would constitute an abuse of process. The court needed to determine if the proposed applications were misconceived and if issuing them would amount to an abuse of the court's process.

The court considered the history of the applicant's litigation, which included numerous applications and proceedings that were deemed misconceived or vexatious. The court concluded that the proposed proceedings were similarly misconceived and would constitute an abuse of the court's process if permitted. The court declined to give any directions to the Registrar to issue the applications, finding that the applicant had not demonstrated a genuine entitlement to proceed with the proposed litigation. The court emphasised the need for the applicant to seek appropriate legal advice regarding the causes of action, jurisdiction, and prospects of success.

The court dismissed the applicant's application for directions and formally ordered that the application be dismissed. The court noted that the decision to refuse to issue the applications was administrative in nature and not a judicial act subject to appeal. Consequently, the applicant's application was dismissed, and no further directions were given to the Registrar regarding the proposed applications.

ORDERS:
1. The application made by Mr Pickering pursuant to O 46, r 7(2), that directions be given to the Registrar to issue two originating applications lodged with the Western Australia District Registry of the Court on 19 May 2009, is dismissed.