Burke, In the matter of an application for leave to issue a proceeding

This matter concerned an application for leave to issue a proceeding brought by Mr Burke against the Commonwealth of Australia. The dispute arose from Mr Burke's claim that he had been unlawfully detained.

The central legal issue before the High Court was whether Mr Burke had established a *prima facie* case of unlawful detention, which is a prerequisite for granting leave to issue a proceeding under the *Administrative Decisions (Judicial Review) Act 1977* (Cth).

French CJ, in considering the application, applied the principles established in cases concerning the onus of proof in establishing a *prima facie* case for unlawful detention. His Honour noted that the applicant bears the onus of demonstrating that there is a sufficient likelihood of success to warrant the granting of leave. The Chief Justice found that Mr Burke had not discharged this onus, as the material before the Court did not establish a *prima facie* case of unlawful detention.

Leave to issue the proceeding was therefore refused.