Reaper v Luxton

[2016] FCA 784

FEDERAL COURT OF AUSTRALIA

Reaper v Luxton [2016] FCA 784

File number:

VID 550 of 2016

Judge:

PAGONE J

Date of judgment:

5 July 2016

Catchwords:

PRACTICE AND PROCEDURE – Federal Court of Australia Act 1976 (Cth) s 35A – applications for judicial review of decision by Registrar to reject documents for filing on the basis of abuse of process

PRACTICE AND PROCEDURE – Federal Court of Australia Act 1976 (Cth) s 35A – applications for judicial review of decision by Registrar to refuse to disclose the procedure for bringing new evidence

Legislation:

Administrative Decisions (Judicial Review) Act 1977 (Cth)

Federal Court of Australia Act 1976 (Cth)

Federal Court Rules 2011 (Cth)

Federal Circuit Court Rules 2001 (Cth)

Halsbury’s Laws of Australia (LexisNexis)

Cases cited:

Barkla v Colbran [2015] FCA 1470

Dahler v Australian Capital Territory [2016] FCA 257

DJL v The Central Authority (2000) 201 CLR 226

Monroe Schneider (Inc) v No 1 Raberem Pty Ltd (No 2) (1992) 37 FCR 234

Reaper v Baycorp Collections PDL (Australia) Pty Ltd [2014] FCA 13

Reaper v Luxton [2015] FCA 430

Satchithanantham v National Australia Bank Limited (2010) 268 ALR 222

Vrsecky v Reaper & Anor (No.3) [2015] FCCA 2807

Vrsecky v Reaper & Anor (No.4) [2015] FCCA 3067

Date of hearing:

23 and 28 June 2016

Registry:

Victoria

Division:

General Division

National Practice Area:

Administrative and Constitutional Law and Human Rights

Category:

Catchwords

Number of paragraphs:

15

Counsel for the Applicant:

The applicant appeared in person on 23 June 2016 and did not appear on 28 June 2016

Counsel for the Respondent:

The respondent filed a submitting notice save as to costs
Ms K Foley of Australian Government Solicitor appeared on 28 June 2016

ORDERS

VID 550 of 2016

BETWEEN:

BRETT REAPER

Applicant

AND:

REGISTRAR TIM LUXTON

Respondent

JUDGE:	PAGONE J
DATE OF ORDER:	5 JULY 2016

THE COURT ORDERS THAT:

1.The application be dismissed.

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

REASONS FOR JUDGMENT

PAGONE J:

1. Mr Reaper has commenced an originating application seeking to review decisions made by a Registrar of this Court.  The decisions sought to be reviewed are described in the originating application as decisions that the Registrar “refused to accept for filing an application for an extension of time to file a notice of appeal and disclose the procedure for bringing new evidence”.  Mr Reaper’s originating application was supported by an affidavit made by him on 20 May 2016 and by written submissions dated 22 June 2016.  He appeared on 23 June 2016 and in that hearing relied also on two letters and orally explained his submissions in response to questions from the Bench.  Mr Reaper clarified in oral submissions that the decisions he sought to review were (a) the refusals by the Registrar to accept repeated attempts by Mr Reaper to institute a separate proceeding to have set aside a judgment of the Federal Circuit Court of Australia and (b) the Registrar’s response…