Recent Cases

Independent Commission Against Corruption v Waterhouse (Removal of Filed Document) [2026] FCAFC 110 (28 August 2026) (Markovic, Colvin and McElwaine JJ)


Catchwords:


PRACTICE AND PROCEDURE – whether an order should be made pursuant to r 2.28(1) of the Federal Court Rules 2011 (Cth) removing an interlocutory application from the Court file – question referred to Full Court – Full Court considered additional question whether the Court should direct Registrar to remove interlocutory application from file – where application alleged all Federal Court judges biased and sought special arrangement of appointment of judges by Chairman of International Commission of Jurists – consideration of the Court’s power to supervise filing of documents pursuant to r 2.26, r 2.27 and r 2.28 of the Federal Court Rules – whether power under r 2.28(1)(c) is administrative if exercised by a judge – held that interlocutory application an abuse of process as individual judges do not have power to determine how cases are allocated or assigned – interlocutory application to be removed from Court file pursuant to r 2.28(1)(c)