whether proposed appeal is a vexatious proceeding for the purposes of s 37AT(4) and 37AS(2) of the Act because it has no reasonable prospects of success
leave to institute proceeding refused
Quick Take
1When assessing whether the preconditions for a vexatious proceedings order under s 37AO of the Federal Court of Australia Act 1976 (Cth) are met, the Court may have regard to the full history of proceedings instituted or attempted, not merely proceedings on foot at the date of the order.
2An application for leave to institute an appeal from a vexatious proceedings order will be refused where the Court is satisfied the proposed appeal has no reasonable prospects of success, rendering it a vexatious proceeding under ss 37AS(2) and 37AT(4) of the Act; the applicant need only show the proposed proceeding is reasonably arguable to obtain leave.
3A relatively small number of proceedings can satisfy the 'frequently' requirement in s 37AO(1) where those proceedings relitigate issues previously determined or that should have been raised in earlier proceedings.
