Austin v Dwyer & Anor Austin v Dobbs

The case of Austin v Dwyer and Anor, along with Austin v Dobbs and Others, involves two separate applications for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Victoria. The primary focus of the applications is on the refusal of leave to appeal from specific orders made by lower courts. The first application, M81/2021, concerns the Court of Appeal's decision to deny leave to appeal against orders made by the Supreme Court of Victoria, which had dismissed an application for judicial review of a decision to grant an interim intervention order under the Personal Safety Intervention Orders Act 2010 (Vic). The second application, M82/2021, pertains to the Court of Appeal's dismissal of an application for judicial review and an appeal against orders made by the County Court of Victoria and a Judicial Registrar, which had struck out an appeal and joined a respondent to judicial review proceedings.

The legal issues that the Court was required to decide pertain to the correctness of the Court of Appeal's decision in refusing special leave to appeal and whether the applications raised any questions of principle that would be in the interests of justice for the High Court to consider. Additionally, the Court had to assess the prospect of success of both applications. The Court found that there was no reason to doubt the correctness of the Court of Appeal's decision in either application and that neither application raised any question of principle warranting consideration by the High Court. Furthermore, the Court concluded that neither application had any prospect of success.

In its reasoning, the Court noted that the applications did not present any significant legal issues or principles that would benefit from the High Court's review. The Court determined that the applications lacked merit and did not meet the criteria for special leave to appeal. Consequently, the Court refused special leave to appeal in both cases. Pursuant to rule 41.08.1 of the High Court Rules 2004 (Cth), the Registrar was directed to draw up, sign, and seal an order dismissing the applications. This decision was made on 7 April 2022, by M.M. Gordon and S.H.P. Steward.