KTW25, in the matter of application by KTW25 for leave to file

[2026] FCA 1114

Federal Court of Australia

Built by Barristers,
For Australian Law.

1. Practice and Procedure
1. application for leave to institute proceedings pursuant to r 2.27A of the Federal Court Rules 2011 (Cth)
1. where applicant seeks leave to file application for leave to appeal, notice of appeal and affidavit
1. where proposed appeal from Federal Circuit and Family Court of Australia manifestly untenable

Under r 2.27A of the Federal Court Rules 2011, leave to file documents will be refused in the clearest of cases where the proposed proceedings are confused or manifestly untenable, applying the approach in Re Young [2020] HCA 13 at [11]-[13].
A prior adverse decision by a judge against a litigant does not, of itself, give rise to an apprehension of bias or a conflict of interest warranting disqualification: Re JRL; ex parte CJL (1986) 161 CLR 342 at 352.
Where a proposed appeal raises issues (here, SRSS funding eligibility) that were not the subject of the decision below and discloses no recognisable basis for challenging that decision, the application is manifestly untenable.