FEDERAL COURT OF AUSTRALIA
Slater v Honourable Justice Higgins [2001] FCA 549
COURTS & JUDICIAL SYSTEM – application for prerogative relief against a judge of a Supreme Court and the orders made by a Supreme Court – jurisdiction of this Court to grant such prerogative relief – a judge of the ACT Supreme Court is not an officer of the Commonwealth – Court’s jurisdiction to order mandamus is limited to officers of the Commonwealth – certiorari goes only to an inferior court – ACT Supreme Court is a superior court.
PRACTICE & PROCEDURE – application to have applicant treated as vexatious – applicant initiated numerous proceedings relating to same issue – issue authoritatively determined by this Court against the applicant – criteria for declaring a person a vexatious litigant.
Jurisdiction of Courts (Cross-Vesting) Act 1993 (ACT), s 2
Family Law Act 1976 (Cth), ss 4(1), 9(1), 9(4), 31(1), 45(2)
Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), ss 3(1), 4(2), 5(6)
Law and Justice Legislation Amendment Act 1997 (Cth), Schedule 12
Judiciary Act 1903 (Cth), ss 39B(1), 39B(1A)
Supreme Court Act 1933 (ACT), s 3(2)
Federal Court Rules, O 21 r 1(b)Slater v Honourable Jeffrey Allan Miles [1998] FCA 1370, applied
The Queen v Gray; ex parte Marsh (1984-85) 157 CLR 351, applied
Craig v The State of South Australia (1995) 184 CLR 163, applied
Ramsey v Skyring (1999) 164 ALR 378, appliedMERRILEE MARGARET SLATER v HONOURABLE TERENCE JOHN HIGGINS & ANOR
A81 of 2000
MADGWICK J
10 MAY 2001
MELBOURNE (HEARD IN CANBERRA)
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
A81 of 2001
BETWEEN:
MERRILEE MARGARET SLATER
APPLICANTAND:
HONOURABLE TERENCE JOHN HIGGINS
FIRST RESPONDENTTHE ATTORNEY-GENERAL FOR THE AUSTRALIAN CAPITAL TERRITORY
SECOND RESPONDENTJUDGE:
MADGWICK
DATE OF ORDER:
10 MAY 2001
WHERE MADE:
MELBOURNE (HEARD IN CANBERRA)
THE COURT ORDERS THAT:
1.The applicant’s application be dismissed.
2.The applicant not be allowed to institute further proceedings without the leave of a judge of this Court.
3.The applicant pay the second respondent’s costs.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
A81 of 2001
BETWEEN:
MERRILEE MARGARET SLATER
APPLICANTAND:
HONOURABLE TERENCE JOHN HIGGINS
FIRST RESPONDENTTHE ATTORNEY-GENERAL FOR THE AUSTRALIAN CAPITAL TERRITORY
SECOND RESPONDENT
JUDGE:
MADGWICK
DATE:
10 MAY 2001
PLACE:
MELBOURNE (HEARD IN CANBERRA)
REASONS FOR JUDGMENT
HIS HONOUR:
In this matter, the applicant seeks an order issuing a writ of mandamus against the first respondent, “directing him to Fulfil his Duty to Continue as if the Family Law Act had not been passed pursuant to s 9(1) of the Family Law Act 1975 and Proceed under the Matrimonial Causes Act as if the Family Law Act had not been passed in matter No MC 600 of 1975”. The applicant also seeks the issuance of a writ of certiorari “to squash the decision made on 17 November 2000 by the Respondent and be able to File to Continue.” The applicant further seeks by her application an…
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- Case
- [2001] FCA 549
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court involved the dismissal of Ms Slater's application on the grounds of frivolity, vexatiousness, and abuse of process. Additionally, the court had to determine whether Ms Slater should be allowed to continue instituting further proceedings without leave from the court. The court needed to weigh the merits of Ms Slater's claims against the potential waste of judicial resources and the principle of finality in legal disputes.
The court found that Ms Slater's application was indeed frivolous and vexatious, as it was an abuse of process to continually pursue matters that had already been finally determined. The court noted that Ms Slater had instituted numerous proceedings over many years, all stemming from the same 1976 matrimonial cause. Despite the final determination of all issues in this matter, including property settlement, Ms Slater persisted in making further applications. The court concluded that this behaviour warranted the dismissal of her application and an order preventing her from instituting further proceedings without leave. The court also ordered Ms Slater to pay the costs of the second respondent.
The court dismissed the applicant's application, prohibited her from instituting further proceedings without leave, and ordered her to pay the second respondent's costs.
Orders
Orders of the court
1. The applicant’s application be dismissed.
2. The applicant not be allowed to institute further proceedings without the leave of a judge of this Court.
3. The applicant pay the second respondent’s costs.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: MADGWICK J
Full text does not contain this section.