LFDB — Federal Court refuses leave to file proposed appeal

Case
LFDB, in the matter of an application by LFDB for leave to file
Court
Federal Court of Australia
Date Decided
7 September 2026
Citation
[2026] FCA 1327
Topics
civil procedure, filing restrictions, leave to appeal

Background

LFDB, acting without counsel, lodged an application on 24 August 2026 seeking leave to appeal a decision of Jackman J in LFDB v SM (No 9) [2026] FCA 1118. LFDB also lodged a supporting affidavit affirmed that day.

A filings judge directed under r 2.27(f) of the Federal Court Rules 2011 (Cth) that the documents were not to be accepted for filing unless the Court granted leave. LFDB therefore applied under r 2.27A for permission to file them.

The Court’s Holding

Perram J dismissed the application for leave to file without an oral hearing. His Honour was not satisfied that the proposed application for leave to appeal had any prospects of success.

Accordingly, the Court refused LFDB leave to file both the proposed appeal application and supporting affidavit. The decision did not determine the merits of the underlying dispute or any appeal grounds; it determined only that the proposed filings could not proceed.

Key Takeaways

  • A filings judge may require leave before documents can be accepted for filing under r 2.27(f).
  • An applicant seeking leave under r 2.27A must satisfy the Court that the proposed proceeding warrants being filed.
  • Here, the absence of prospects of success was sufficient to refuse leave without an oral hearing.

Why It Matters

The decision illustrates the Federal Court’s power to control filings where a direction has been made under the Rules. A proposed appeal may be stopped at the filing stage when the Court is not satisfied it has prospects of success.

✉️ Get tomorrow’s cases before your first coffee
Daily Case Law is our free morning digest — the most substantive new decisions, filtered to your jurisdictions and topics, each linking back here for the full analysis.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top