Application for leave to institute proceedings pursuant to r 2.27A of the Federal Court Rules 2011 (Cth)
Where applicant seeks leave to file application for judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth)
Where proposed proceeding manifestly untenable
Quick Take
1Under r 2.27A of the Federal Court Rules 2011, the criteria governing the discretion to grant leave to file are the same as those applying to the analogous High Court procedure: leave will ordinarily be refused where the proposed document appears on its face to be an abuse of process, frivolous or vexatious, or outside jurisdiction, including where it invokes jurisdiction on a basis that is confused or manifestly untenable.
2A proposed ADJR Act proceeding that asserts but does not provide a discernible basis for deducing that the impugned conduct constitutes a 'decision to which this Act applies' under s 3 of the ADJR Act is manifestly untenable, particularly where the applicant themselves acknowledges that threshold questions concerning the availability of review remain unresolved.
