Gazing in the Gazette

“ … [A] decision about whether to accept the application in this case … was an administrative decision. It was not a judicial decision. ( … ) That decision is not amenable to review using the mechanism provided for in s 104(2) and FCCR 20.02 …”

The Court directed the parties to file submissions as to whether the Registrar’s decision should be set aside pursuant to the Administrative Decisions (Judicial Review) Act 1977.

CHILDREN – VEXATIOUS LITIGANT’S LEAVE APPLICATION FAILS – PRIMARY MOTIVATION IN SEEKING PARENTAL RESPONSIBILITY TO CHALLENGE DECEASED MOTHER’S WILL

In SCVG [2020] FamCAFC 147 (12 June, 2020) the Full Court (Strickland, Ainslie-Wallace & Austin JJ) dismissed an appeal in a case where a vexatious proceedings order had been made in 2015 prohibiting the father of two children from instituting proceedings. The mother had since died, the father seeking leave to file fresh parenting proceedings in 2020 where the mother had appointed ACTS PROCLAIMED Labour Hire Licensing (Miscellaneous) Amendment Act 2020 (No 18 of 2020) Commencement: 20 July 2020 Gazetted: 16 July 2020, Gazette No. 59 of 2020 Gambling Administration Act 2019 (No 42 of 2019) Commencement: 3 December 2020 Gazetted: 30 July 2020, Gazette No. 65 of 2020 Statutes Amendment (Gambling Regulation) Act 2019 (No 44 of 2019) Commencement s56(1) insofar as it inserts ss 42B(3) and (3b) into Casino Act 1997; s56(2): 28 September 2020 Commencement Part 2; ss 41(1) to (7); 41(9), but only insofar as it deletes the definition of statutory default from s 3(1) of Casino Act 1997; 42; 44; 49; 50; 52, but only insofar as it inserts ss 40B and 40C into Casino Act 1997; 54; 55; 56(1), but only insofar as it inserts s 42B(3a) into Casino Act 1997; 57; 62; 63; 66; 67; 70 - 104; 106, but only insofar as it inserts ss 40A, 40B and 40C into Gaming Machines her siblings as the children’s guardians. The father sought parental responsibility orders, contending that such orders would enable him to challenge the mother’s will on behalf of the children ([40]).

The Full Court said (from [32]):

“The application must be dismissed if the intended proceedings are vexatious proceedings (s 102QF(2)). Alternatively, leave may be granted only if satisfied that the proceedings are not vexatious proceedings (s 102QG(4)). The applicant bears the burden of proving the intended proceedings are not vexatious. ( … ) [42] From the applicant’s evidence it is manifest that his principal objective is to bring the proceedings …, to obtain parental responsibility … for the collateral purpose of facilitating his prosecution of separate testamentary proceedings in a different jurisdiction … ( … ) [44] It is accepted as being plainly abusive of civil process to institute proceedings for an improper purpose … which include the use of the proceedings for the predominant or substantial Act 1992; 107 – 110; ss 112 - 122; ss 126 - 127; ss 129 - 136; Parts 5 - 7; Sch 1, cl 1;Sch 1, cl 2(2), (5) and (6); Sch 1, cl 3(1) - (3) and (5): 3 December 2020 Commencement remaining provisions except s 128: 30 July 2020 Gazetted: 30 July 2020, Gazette No. 65 of 2020 ACTS ASSENTED TO Statutes Amendment (Licence Disqualification) Act 2020, No. 20 of 2020 (amends Motor Vehicles Act 1959 and Road Traffic Act 1961) Gazetted: 9 July 2020, Gazette No. 58 of 2020 First Home and Housing Construction Grants (Miscellaneous) Amendment Act 2020, No. 21 of 2020 Gazetted: 9 July 2020, Gazette No. 58 of 2020 Emergency Management (Quarantine Fees and Penalty) Amendment Act 2020, No. 22 of 2020 Gazetted: 24 July 2020, Gazette No. 61 of 2020 purpose of obtaining some collateral advantage rather than for the purpose for which the proceedings are designed and exist (Williams v Spautz [1992] HCA 34; (1992) 174 CLR 509 at 522, 528–529, 532 and 536–537). [45] In Goldsmith v Sperrings Ltd [1977] 1 WLR 478 at 503 … it was said:

‘ ... [I]f it can be shown that a litigant is pursuing an ulterior purpose unrelated to the subject matter of the litigation and that, but for his ulterior purpose, he would not have commenced proceedings at all, that is an abuse of process ... ’ [46] While the applicant’s immediate purpose in bringing the Part VII litigation is to secure an order vesting him with parental responsibility … being an order within the scope of power wielded by the Family Court of Australia, the applicant admits he has an ulterior motive for pursuing an order in those terms. He called it the ‘decisive’ reason for bringing the proceedings. His pursuit of the Part VII order for the predominant and ulterior motive of prosecuting other civil … converts the intended Part VII

3 JUL 2020 – 2 AUG 2020

A MONTHLY REVIEW OF ACTS, APPOINTMENTS, REGULATIONS AND RULES COMPILED BY MASTER ELIZABETH OLSSON OF THE DISTRICT COURT OF SOUTH AUSTRALIA

proceedings into an abuse of process.” B Measures) (No 2) Amendment Act 2020, No. 23 of 2020 Gazetted: 24 July 2020, Gazette No. 61 of 2020

Waite Trust (Vesting of Land) Act 2020, No. 24 of 2020 Gazetted: 30 July 2020, Gazette No. 65 of 2020

Statutes Amendment (Electricity and Gas) (Energy Productivity) Act 2020, No. 25 of 2020 Gazetted: 30 July 2020, Gazette No. 65 of 2020

Fair Trading (Fuel Pricing Information) Amendment Act 2020, No. 26 of 2020 Gazetted: 30 July 2020, Gazette No. 65 of 2020

APPOINTMENTS

Magistrate Magistrate of the Youth Court Member of SACAT

commencing on 20 July 2020

Police Disciplinary Tribunal Protective Security Officers Disciplinary Tribunal

Panel Member: from 20 July 2020 until 28 April 2023 Antonietta Vozzo Gazetted: 9 July 2020, Gazette No. 58 of 2020

Legal Practitioners Disciplinary Tribunal Presiding Member:

from 10 July 2020 until 9 July 2023 Maurine Teresa Pyke

Deputy Presiding Member:

from 10 July 2020 until 14 November 2021 Simon David Ower

Member:

from 10 July 2020 until 9 July 2023 Michelle Louise Barnes Franco Camatta Anne Gordon Burgess Gary Davis Michael John Dean Dawson Patsy Alison Kellett Sandra Gail Lilburn Lesley Hastwell Robert Lindsay Kennett Maurine Teresa Pyke Roger Sallis Gazetted: 9 July 2020, Gazette No. 58 of 2020

Magistrate

commencing on 27 July 2020 Mark Steven Semmens in place of his earlier appointment on 8 November 2018 to the office of Magistrate on a parttime basis (0.6 full-time equivalent) that commenced on 3 December 2018 Gazetted: 24 July 2020, Gazette No. 61 of 2020

Independent Commissioner Against Corruption Judicial Conduct Commissioner

for a term of seven years commencing on 2 September 2020 and expiring on 1 September 2027 The Honourable Ann Marie Vanstone Gazetted: 27 July 2020, Gazette No. 63 of 2020

Youth Court Magistrate

member of the Court’s principal judiciary for a term of 1 year from 29 September 2020. Magistrate David John White from 23 November 2020. Magistrate Alison Frances Adair Gazetted: 30 July 2020, Gazette No. 65 of 2020

Youth Court Cross-border Magistrates

Meredith Clare Day Huntingford Elizabeth Jane Morris Erin Louise O’Donnell Gazetted: 30 July 2020, Gazette No. 65 of 2020

REGULATIONS PROMULGATED (3 JULY 2020 – 2 AUGUST 2020) REGULATION NAME

Electricity (General) (Retailer Energy Efficiency Scheme) (Public Health Emergency) Variation Regulations 2020 Gas (Retailer Energy Efficiency Scheme) (Public Health Emergency) Variation Regulations 2020 South Australian Public Health (Notifiable and Controlled Notifiable Conditions) (SARS-CoV-2) Variation Regulations 2020 Planning, Development and Infrastructure (Fees, Charges and Contributions) (Miscellaneous) Variation Regulations 2020 Labour Hire Licensing (Miscellaneous) Variation Regulations 2020 Valuation of Land Regulations 2020 Survey Regulations 2020 Real Property (Survey) Variation Regulations 2020 Petroleum (Submerged Lands) Regulations 2020 Planning, Development and Infrastructure (General) (Miscellaneous) (No 2) Variation Regulations 2020 Urban Renewal Act 1995 COVID-19 Emergency Response Act 2020 Authorised Betting Operations Act 2000 Casino Act 1997 Casino Act 1997 Casino Act 1997 Gaming Machines Act 1992 Gaming Machines Act 1992 Gambling Administration Act 2019 Planning, Development and Infrastructure Act 2016 Planning, Development and Infrastructure Act 2016

DISALLOWANCE OF REGULATIONS Planning Development and Infrastructure Act 2016, made on 18 June 2020 and laid on the Table of this Council on 30 June 2020. Gazetted: 30 July 2020, Gazette No. 65 of 2020 REG NO.

232 of 2020

233 of 2020

234 of 2020

235 of 2020

236 of 2020 237 of 2020 238 of 2020 239 of 2020 240 of 2020

241 of 2020

242 of 2020 243 of 2020 244 of 2020 245 of 2020 246 of 2020 247 of 2020 248 of 2020 249 of 2020 250 of 2020 251 of 2020 252 of 2020 DATE GAZETTED

9 July 2020, Gazette No. 58 of 2020

9 July 2020, Gazette No. 58 of 2020

16 July 2020, Gazette No. 59 of 2020

16 July 2020, Gazette No. 59 of 2020

16 July 2020, Gazette No. 59 of 2020 23 July 2020, Gazette No. 60 of 2020 23 July 2020, Gazette No. 60 of 2020 23 July 2020, Gazette No. 60 of 2020 23 July 2020, Gazette No. 60 of 2020

23 July 2020, Gazette No. 60 of 2020

30 July 2020, Gazette No. 65 of 2020 30 July 2020, Gazette No. 65 of 2020 30 July 2020, Gazette No. 65 of 2020 30 July 2020, Gazette No. 65 of 2020 30 July 2020, Gazette No. 65 of 2020 30 July 2020, Gazette No. 65 of 2020 30 July 2020, Gazette No. 65 of 2020 30 July 2020, Gazette No. 65 of 2020 30 July 2020, Gazette No. 65 of 2020 30 July 2020, Gazette No. 65 of 2020 30 July 2020, Gazette No. 65 of 2020