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Bird v Registrar, Federal Court of Australia [2016] FCAFC 188

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PRACTICE AND PROCEDURE - where a registrar of the Federal Court of Australia refused to accept application for mandamus, habeas corpus and related orders for filing - where primary judge held that application constituted an abuse of process - whether primary judge erred in law in dismissing application - grounds of appeal misguided - cross-vesting - appellant seeks relief against State official and tribunals - Federal Court does not have jurisdiction to grant relief against State officials and tribunals - Federal Court of Australia Act 1967 (Cth) s 23, Judiciary Act 1903 (Cth) s 39B(1A) PRACTICE AND PROCEDURE - subject matter of application litigated to finality in State courts and lower Federal Courts - appellant invited to show cause why vexatious proceeding order should not be made pursuant to s 37AO Federal Court of Australia Act 1976 (Cth) - conclusion that applicant had instituted proceedings frequently and without reasonable cause in Australian courts - s 37AO order made

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