direction by filings judge that documents not be accepted for filing without the Court’s leave
where documents seek to impugn judgment of the Court for fraud
where allegations of fraud do not particularise a deliberate intention to deceive
Quick Take
1A claim to set aside a final judgment for fraud requires particularised allegations of actual fraud — a deliberate intention to deceive amounting to conscious dishonesty by identified persons — and an allegation of mere falsity or recklessness is insufficient: Clone Pty Ltd v Players Pty Ltd [2018] HCA 12 at [2], [55]-[59], [69]; Wilcox v Chapple [2025] NSWCA 155 at [137]-[138].
2Filing an originating application to set aside a judgment for fraud without exact particulars of actual fraud is an abuse of process, as it amounts to impermissible re-litigation in the absence of a basis to displace the finality of the judgment.
3Under r 2.27A(3) of the Federal Court Rules 2011, only one application for leave may be made per filing direction, and the Court declined to dispense with that requirement where the deficiency was fundamental rather than minor.
