Trevor Kingsley Ferdinands v Chief of Army

[2014] HCASL 1

TREVOR KINGSLEY FERDINANDS

v

CHIEF OF ARMY

[2014] HCASL 1
A25/2013

1. In 1999, the applicant was a Corporal in the Australian Army Reserve. In November 1999, after a hearing by a Defence Force Magistrate, the applicant was convicted of assaulting an inferior contrary to s 34(1) of the Defence Force Discipline Act 1982 (Cth) and was sentenced to reduction to the rank of private.

2. Since 2001, the applicant has made numerous unsuccessful applications to the Defence Force Discipline Appeal Tribunal, the Federal Court of Australia and this Court to challenge his conviction.  He now seeks special leave to appeal to this Court against orders of the Full Court of the Federal Court (Allsop CJ, North, Bennett, Siopis and Logan JJ) dismissing (with indemnity costs) a proceeding commenced by notice of appeal from the Defence Force Discipline Appeal Tribunal and filed by the applicant on 3 April 2013 and directing (in effect) that if the applicant filed any proceeding in the Federal Court relating to his conviction, he be required to show cause why it should not be dismissed as vexatious and an abuse of process. 

3. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

4. There is no reason to doubt the correctness of the decision of the Full Court of the Federal Court.  An appeal to this Court would enjoy no prospect of success.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
12 February 2014 S.M. Crennan