Tait v Harris

[2003] FCA 1342

FEDERAL COURT OF AUSTRALIA

Tait v Harris [2003] FCA 1342

PRACTICE AND PROCEDURE – where judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and prerogative relief sought against Deputy Registrar of the High Court – discretionary considerations – whether adequate provision exists for alternative review

Federal Magistrates Act 1999 (Cth) s 39(1)
Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3(1), 10(2)(b)(ii), 16
Vexatious Litigants Act 1981 (Qld)

High Court Rules Order 58 rule 4, Order 58 rule 17, Order 69A

Tait v Harris [2003] FCA 446 mentioned

WILLIAM “BILLY” PETER TAIT v ELISA HARRIS (a Deputy Registrar of the High Court)

No Q 55 of 2003

SPENDER J
BRISBANE (heard in Townsville)
20 NOVEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 55 OF 2003

BETWEEN:	WILLIAM "BILLY" PETER TAIT APPLICANT
AND:	ELISA HARRIS (a Deputy Registrar of the High Court) RESPONDENT
JUDGE:	SPENDER J
DATE OF ORDER:	20 NOVEMBER 2003
WHERE MADE:	BRISBANE (heard in Townsville)

THE COURT ORDERS THAT:

1.The application BZ 24 dated 20 January 2003, which on transfer to the Federal Court became Q 55 of 2003, is dismissed.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 55 OF 2003

BETWEEN:	WILLIAM "BILLY" PETER TAIT APPLICANT
AND:	ELISA HARRIS (a Deputy Registrar of the High Court) RESPONDENT

JUDGE:	SPENDER J
DATE:	20 NOVEMBER 2003
PLACE:	BRISBANE (heard in Townsville)

REASONS FOR JUDGMENT

1. On 20 January 2003 the applicant, in proceedings BZ 24/2003 made an application to the Federal Magistrates Court of Australia in Townsville.  The respondent to that application was Elisa Harris, a Deputy Registrar of the High Court.  By that application Mr Tait sought, by way of final orders, the following:

   ‘1. An order, to be made in the nature of mandamus and pursuant to the provisions of subsections (1), (2) or (3) of section 16 of the Administrative Decisions (Judicial Review) Act 1977 [herein the AD(JR)A] and any other relevant law, to direct that the Registrar of the High Court of Australia shall (within such times as are specified in the order sought by the Federal Magistrates Court);

   (a)file in the High Court; the application for special leave to appeal signed by the applicant (one William “Billy” Peter Tait) on 23 December 2002, and, the affidavit affirmed by the applicant at Townsville on 23 December 2002 and the exhibit “BT-CLVL/HCA1” thereto consisting of 8 items, which were received at the Brisbane Office of the Registry of the High Court on or before 2 January 2003; the notice of constitutional matters signed by the applicant on 23 December 2002 which was received at the Canberra Office of that Registry on or before 2 January 2003; the draft notice of appeal to the High Court signed by the applicant on 1 January 2003; the applicant’s summary of argument signed by the applicant on 6 January 2003; and; any other…