The Court upheld the Registrar's refusal under r 2.26 of the Federal Court Rules 2011 to accept for filing a proposed defamation originating application, statement of claim and affidavit, finding the documents were frivolous, vexatious and an abuse of process on their face. The Court confirmed that where documents on their face disclose that the allegedly defamatory publication was made in compliance with a Family Court order under s 67ZBE of the Family Law Act 1975, the defence of absolute privilege under s 27 of the Defamation Act 2005 (WA) renders the proposed claim fanciful. The Registrar's use of the phrase 'inevitably destined to fail' did not transgress the boundary between administrative assessment and impermissible judicial determination of substantive merits.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.