applications by respondents for summary dismissal pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth)
where proceedings reveal no cause of action such that the applicant has no prospect of successfully prosecuting the proceedings
proceedings summarily dismissed
Quick Take
1Proceedings in the Federal Court that constitute a collateral attack on orders made by a state Supreme Court or Court of Appeal disclose no reasonable cause of action and are liable to summary dismissal under s 31A(2) of the Federal Court of Australia Act 1976 (Cth).
2A person who has no interest in a bankrupt estate (because the underlying equitable claim was dismissed by the Family Court) lacks standing to seek declarations, accounts and disclosure from the trustee in bankruptcy of that estate; the appropriate avenue for information about a bankrupt estate is under the Bankruptcy Act 1966 (Cth).
3Leave to amend will be refused where no possible amendment could give rise to a viable cause of action on the facts.
