where unrepresented litigant cannot represent another person without leave, and leave is almost invariably refused
whether unlikelihood of leave being granted for Applicant to represent other persons is reason to refuse leave to file the originating application
leave granted to file documents
Quick Take
1The power under r 2.27A of the Federal Court Rules 2011 (Cth) to refuse leave to file documents is reserved for the clearest of cases, such as where a proceeding is manifestly untenable, an abuse of process, or seeks to reagitate matters previously determined.
2Although an unrepresented litigant requires leave to act on behalf of group members in representative proceedings under Pt IVA of the Federal Court of Australia Act 1976 (Cth), and such leave is almost invariably refused, the unlikelihood of that leave being granted is not itself a proper basis for refusing leave to file the originating documents under r 2.27A — that question is for the docket judge.
3Representative proceedings under Pt IVA should ordinarily be conducted by a lawyer because of the fiduciary obligations the lead applicant owes to group members and the Court's reliance on lawyers' professional duties in supervising such proceedings.
