Skinner v Garland Hawthorn Brahe Pty Ltd Melbourne Office

In the Federal Circuit Court of Australia, Judge Riley considered an application by Garland Hawthorn Brahe Pty Ltd Melbourne Office (the respondent) seeking to prohibit the applicant, Mr. Skinner, from commencing further proceedings in that court. This application arose in the context of Mr. Skinner having previously been declared a vexatious litigant by the Supreme Court of Victoria.

The central legal issue before the Court was whether Mr. Skinner should be prohibited from instituting proceedings in the Federal Circuit Court of Australia, given his prior declaration as a vexatious litigant by a state Supreme Court. The Court was required to determine if the circumstances warranted the exercise of its power under section 88Q(2)(b) of the *Federal Circuit Court of Australia Act 1999* to make such a prohibition order.

Judge Riley reasoned that the declaration of Mr. Skinner as a vexatious litigant by the Supreme Court of Victoria was a significant factor. The Court applied the principles that a prohibition order under section 88Q is intended to prevent the abuse of court processes and protect respondents from vexatious litigation. Given the prior determination of vexatious conduct by a superior court, the Federal Circuit Court found it appropriate to make a similar order to prevent further unwarranted litigation.

Consequently, the Court dismissed the application filed by Mr. Skinner on 4 November 2020. Furthermore, pursuant to section 88Q(2)(b) of the *Federal Circuit Court of Australia Act 1999*, the applicant was prohibited from instituting any further proceedings in the Federal Circuit Court of Australia.