Burke v The University of Adelaide

This matter concerns an application for special leave to appeal before the High Court of Australia. The applicant, Mr P.O. Burke, sought to proceed with his application despite the absence of the respondents, The University of Adelaide and The University of Adelaide Staff Association, who had indicated they would not be represented. Mr Burke also sought dispensation from a court rule requiring applications to be presented by counsel.

The primary legal issues before the Court were whether it had the jurisdiction to grant special leave to appeal and whether it possessed the power to dispense with the rule requiring representation by counsel. The Court was also required to consider the substance of Mr Burke's application in determining whether to grant dispensation.

The Chief Justice indicated that for the purposes of the hearing, the Court would assume it had jurisdiction to dispense with the rule, whether through its inherent powers or otherwise. Mr Burke's basis for seeking dispensation rested on his documented difficulties in obtaining legal representation over an extended period. The Court proceeded to hear the application on the assumption of jurisdiction to dispense with the rule.