Ward v Judicial Registrar Cho

FEDERAL COURT OF AUSTRALIA

Ward v Judicial Registrar Cho [2021] FCA 1661

File numbers:

QUD 335 of 2021

Judgment of:

LOGAN J

Date of judgment:

1 November 2021

Catchwords:

PRACTICE AND PROCEDURE – application to review decision of Registrar to refuse to accept for filing an originating application claiming writ of certiorari to quash treatment confirmation by Queensland Mental Health Tribunal – where applicant did not attend case management hearing – whether Registrar entitled to refuse to permit filing as abuse of process or frivolous or vexatious document – where applicant raises constitutional defence against the Mental Health Tribunal – where multiple avenues of appeal in State Court system – where no jurisdiction evident – application dismissed    

Legislation:

Constitution ss 28, 51, 109

Judiciary Act 1903 (Cth) ss 39B, 78B

Mental Health Act 2016 (Qld) ss 28, 539, 549, 641, 705, 707, 708

Federal Court Rules 2011 (Cth) r 2.26

Cases cited:

F. and A. Capelvenere v Omega Developments Corporation Pty Ltd (1983) 77 FLR 385

Re Wakim; Ex parte McNally (1999) 198 CLR 511

Division:

General Division

Registry:

Queensland

National Practice Area:

Administrative and Constitutional Law and Human Rights

Number of paragraphs:

20

Date of hearing:

1 November 2021

Counsel for the Applicant:

The applicant did not appear

Counsel for the Respondent:

The Respondent filed a submitting notice, save as to costs

ORDERS

QUD 335 of 2021

BETWEEN:

AMELITA WARD

Applicant

AND:

JUDICIAL REGISTRAR JAMES CHO, FEDERAL COURT OF AUSTRALIA

Respondent

ORDER MADE BY:	LOGAN J
DATE OF ORDER:	1 NOVEMBER 2021

THE COURT ORDERS THAT:

1.The application be dismissed.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT
(REVISED FROM TRANSCRIPT)

LOGAN J:

1. By a letter dated 28 September 2021, a Registrar of the Court in the Court’s New South Wales District Registry (Registrar) advised the applicant, Ms Amelita Ward of Carrara in Queensland, of a decision not to accept for filing an originating application in form 15, together with an accompanying affidavit and application for reduction of applicable court fees.  The originating application claimed a writ of certiorari to quash what was said to be the unlawful confirmation by the Queensland Mental Health Tribunal (Tribunal) on 14 September 2021 of a treatment authority under the Mental Health Act 2016 (Qld) (Mental Health Act).

2. That the decision was made by a Registrar within the Court’s New South Wales District Registry reflects a prevailing registry administration practice whereby the registry services of the Court are administered nationally.  The document concerned was sought to be filed electronically on the Court’s electronic court file.  It is a noteworthy feature of the originating application that it was prepared by a “Glenn Floyd”, a “pro bono advocate”.

3. On 14 October 2021, Ms Ward filed an application for the review by a judge of the Registrar’s decision.  Today is the appointed first case management hearing date for that review.  I am satisfied that notice of the listing of the proceeding for case management…