Gaye Luck v The Deputy Registrar (RM) of the High Court of Australia -Melbourne Office of the Registry

GAYE LUCK
v
THE DEPUTY REGISTRAR (RM) OF THE HIGH COURT OF AUSTRALIA -MELBOURNE OFFICE OF THE REGISTRY & ORS
[2014] HCASL 33
M104/2013

On 5 August 2013 the applicant appeared before a single Justice of this Court (Gageler J) in relation to an application for an order to Show Cause, directed to two Deputy Registrars of this Court, the Senior Registrar, the Principal Registrar, the Attorney-General of the Commonwealth of Australia and of the Commonwealth. The second defendant (the Attorney-General) sought summary dismissal.
The show cause application, which raised numerous matters, was dismissed by Gageler J. His Honour held that there was no arguable basis for granting any of the relief sought by the applicant.
The applicant now applies for leave to appeal from the decision of Gageler J. She has filed a summons seeking leave to file an amended draft notice of appeal and written case.
It has been brought to our attention that the applicant sought an extension of time and foreshadowed the filing of further submissions. That request has not been acceded to. We do not consider that the interests of justice require a postponement of the decision in this case, particularly given the view we have formed of the matter.
There are no leave questions specifically articulated in the applicant's written case, which contains broad allegations of denial of natural justice, bias and breach of human rights. Nothing has been submitted to suggest the decision of Gageler J was in error. The application has no prospects of success. Leave should be refused.
Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
6 March 2014 P.A. Keane

CaseChat Overview and Summary

The case involves Gaye Luck, the applicant, who has filed an application for leave to appeal against the decision of Gageler J in the Supreme Court of South Australia. The respondent is the Deputy Registrar of the High Court of Australia and several other parties. The applicant had previously sought an order to Show Cause, which was dismissed by Gageler J, who held that there was no arguable basis for granting any of the relief sought. The applicant now seeks leave to appeal from this decision, including the opportunity to file an amended draft notice of appeal and written case.

The legal issues that the court was required to decide included whether the application for leave to appeal had any prospects of success and whether the interests of justice required a postponement of the decision in this case. The applicant's written case contained broad allegations of denial of natural justice, bias and breach of human rights, but no specific leave questions were articulated. The court was also required to consider whether the decision of Gageler J was in error and whether the application had any prospects of success.

The court held that the application for leave to appeal had no prospects of success and that the decision of Gageler J was not in error. The court noted that the applicant had not provided any evidence to suggest that the decision was in error, and that the application contained broad allegations without any specific leave questions being articulated. The court also held that the interests of justice did not require a postponement of the decision in this case. As a result, the application for leave to appeal was dismissed, and the Registrar was directed to draw up, sign and seal an order dismissing the application.

There were no final orders made in the case as the application for leave to appeal was dismissed. The court found that the applicant's allegations were too broad and lacked specific leave questions, and that there was no evidence to suggest that the decision of Gageler J was in error. The court held that the application had no prospects of success and that the interests of justice did not require a postponement of the decision in this case.

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