Ghomari v The Queen

This matter came before the High Court of Australia on an application for directions. The applicant, Mr Ghomari, sought special leave to appeal, having filed the notice of application on the last available day. The respondent was represented by the Commonwealth Director of Public Prosecutions.

The primary legal issue before the Court concerned the applicant's delay in filing the necessary documentation for his application for special leave to appeal. Specifically, the Court was concerned with the reasons for the delay in obtaining the judgment of the Court of Criminal Appeal, which took over two months. The applicant's counsel explained that this delay was primarily due to difficulties in obtaining extempore judgments, which can be exacerbated by the time taken for transcription and confirmation by judges.

The Court acknowledged the difficulties presented by delays in obtaining judgments, particularly extempore ones, and the impact this has on the timely filing of appeal documents. The applicant's counsel provided an explanation for the delay, detailing the steps taken to obtain legal aid and advice, which ultimately led to the preparation and readiness of the necessary documents for filing. The Court indicated its willingness to accept the filing of these documents on the day of the hearing.