application for summary dismissal under s 31A of the Federal Court of Australia Act 1976 (Cth) and r 26.01 of the Federal Court Rules 2011 (Cth)
where the proceeding fails to disclose a reasonable cause of action
where the proceeding has no reasonable prospect of success
Quick Take
1A pleading that makes grave allegations of criminal and fraudulent conduct in conclusory terms, without pleading material facts capable of supporting those allegations against the named respondents, discloses no reasonable cause of action and is properly dismissed summarily.
2A proceeding that seeks to relitigate matters previously determined by the Court, including by attacking prior judicial findings, constitutes an abuse of process as a collateral attack on earlier decisions.
3Where a self-represented applicant has received pro bono legal advice on pleading deficiencies and elected not to amend, the court is not obliged to grant further leave to replead where the defects are fundamental rather than formal.
