Chase v The Queen

This matter before the High Court of Australia concerned an application for directions. The applicant, represented by Mr M.F. Adams QC, sought directions regarding the filing of documents. The respondent was represented by counsel instructed by the Commonwealth Director of Public Prosecutions.

The central legal issue before the Court was the applicant's failure to file an affidavit in support of their application for special leave to appeal in a timely manner, and the subsequent delay in serving the correct Director of Public Prosecutions. The Court was also concerned with a perceived change in court practice regarding the filing of arguments.

The Court expressed strong disapproval of the applicant's conduct, particularly the failure to file the supporting affidavit concurrently with the application for special leave. His Honour noted that there was no justification for such a delay, and that the practice of filing applications without supporting affidavits was unacceptable. The Court also highlighted the significant delay in serving the appropriate Director of Public Prosecutions, which had taken six months to rectify.

The Court indicated its dissatisfaction with the procedural irregularities, with His Honour contemplating referring the matter to the Law Society. The Court ultimately sought to ensure that such delays and procedural failures would not be repeated.