Fokas, In the matter of an application for leave to issue or file

This matter concerned an ex parte application by Maria Fokas for leave to issue or file a writ of summons in the High Court of Australia. The application followed a direction by Bell J on 9 March 2020, which stipulated that the writ could not be issued or filed without the prior leave of a Justice.

The court was required to determine whether to grant the applicant leave to issue or file the writ of summons. The writ named the Prime Minister of Australia and the Minister for New South Wales as defendants.

Her Honour refused the application, finding that the writ of summons did not disclose an arguable basis for relief, constituted an abuse of process, and failed to comply with the requirements of Part 27 of the High Court Rules 2004 (Cth). The court noted that the application originated from a sequestration order made against the applicant in 2012 and that the appropriate forum for such issues would be the Federal Court of Australia. Furthermore, the applicant failed to identify any exceptional circumstances that would justify the High Court considering the application without the exhaustion of statutory rights of review. The court directed that the application be determined without an oral hearing.