FEDERAL COURT OF AUSTRALIA

Garrett v The Chief Executive of Austrade (No 3) [2015] FCA 295

THE COURT ORDERS THAT:

1.    The applicant’s Interlocutory Application dated 17 March 2015 be dismissed.

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

REASONS FOR JUDGMENT

1    The applicant, Andrew Garrett, has applied for leave, pursuant to s 37AR(2) of the Federal Court of Australia Act 1976 (Cth) (“the Federal Court Act”), to institute a proceeding by way of Interlocutory Application in this proceeding. He has annexed to his application for leave a draft of the Interlocutory Application which he seeks to make.

2    I hold that, in his supporting affidavit, sworn on 16 March 2015 –

    the applicant has not complied with para (a) of s 37AR(3) of the Federal Court Act;

    the applicant has not complied with para (b) of s 37AR(3), in that the list exhibited to his affidavit refers only to “cases” in which he has “been involved”;

    the applicant has not complied with para (c) of s 37AR(3).

3    I can see no reason not to dismiss the applicant’s application for leave pursuant to s 37AS(1) of the Federal Court Act.

4    Additionally, I consider that, to the extent that it relates to paras 2, 3, 4 and 5 of the orders sought in the proposed Interlocutory Application, the proceeding would be vexatious within the meaning of paras (b) and (c) of the definition of “vexatious proceeding” in s 37AM(1) of the Federal Court Act. It follows that, to that extent, the application for leave must be dismissed pursuant to s 37AS(2) of the Federal Court Act.

5    I record that the orders accompanying these reasons were made without an oral hearing without the consent of the applicant.

Associate:

Dated:    31 March 2015