Scott (No 2)

The case of Scott (No 2) involved the applicant, Mr. Scott, who filed two applications for leave to appeal against a vexatious litigant injunction and final property settlement orders issued in his previous family law proceedings. The application was dismissed by the Federal Circuit and Family Court of Australia. The primary judge had concluded the financial division proceedings on 11 August 2023, and a vexatious litigant injunction had been imposed on the applicant on 21 December 2021, with the orders being amended on 23 February 2023. Mr. Scott sought leave to appeal both the vexatious litigant injunction and the final property settlement orders under section 102QE of the Family Law Act 1975 (Cth).

The court needed to decide whether Mr. Scott was entitled to leave to appeal the vexatious litigant injunction and the final property settlement orders. The court considered the compliance with section 102QE of the Act, the ostensible merit of the proposed appeals, and the timeliness of the applications. The court found that the applicant had not complied with the provisions of section 102QE of the Act and that the proposed appeals lacked ostensible merit. The court concluded that the applications did not meet the necessary criteria for leave to appeal.

The court dismissed both applications, finding that they were not in compliance with the requirements of section 102QE of the Family Law Act 1975 (Cth). The court held that the applications were vexatious and lacked merit. The court also noted that the applicant had not shown any exceptional circumstances that would warrant granting leave to appeal. The dismissal of the applications was upheld, and the applicant was not granted leave to appeal the vexatious litigant injunction or the final property settlement orders.