Fokas v Mansfield as Trustee of the Bankrupt Estate of Maria Fokas (No 2)

[2020] FCA 30

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Interrogate

Catchwords

1. Practice and Procedure
2. › Vexatious Litigants
3. › Vexatious Proceedings Order
4. › Power to make order under s 37AO of Federal Court of Australia Act 1976 (Cth)
5. › Whether person has frequently instituted or conducted vexatious proceedings
1. Practice and Procedure
2. › Vexatious Litigants
3. › Vexatious Proceedings Order
4. › Scope of inquiry under s 37AO(6)
5. › Regard to proceedings, orders and reasons for judgment of other courts
1. Evidence
2. › Admissibility
3. › Evidence of decisions in other proceedings
4. › Section 91 of Evidence Act 1995 (Cth)
5. › Whether s 91 precludes consideration of decisions in other proceedings in vexatious proceedings applications
1. Practice and Procedure
2. › Summary Judgment
3. › Interlocutory character of judgment under s 31A of Federal Court of Australia Act 1976 (Cth)
4. › Power to set aside under r 39.05 of Federal Court Rules 2011 (Cth)

Quick Take

Section 37AO(6) of the Federal Court of Australia Act 1976 (Cth) authorises the Court to have regard to reasons for judgment in other proceedings when assessing whether a person has frequently instituted or conducted vexatious proceedings, and s 91 of the Evidence Act 1995 (Cth) does not preclude such reliance because the judgments are not tendered to prove facts in issue in those other proceedings but rather to show the outcome, course and conduct of those proceedings.