Glew, In the matter of an application for leave to issue a proceeding

This matter concerned an application by Mr. Glew for leave to issue a proceeding against the Commonwealth of Australia and the Australian Securities and Investments Commission (ASIC). Mr. Glew sought to bring a claim alleging that the Commonwealth and ASIC had engaged in conduct that contravened various provisions of the *Corporations Act 2001* (Cth) and the *Australian Securities and Investments Commission Act 2001* (Cth). The application for leave was brought before Heydon J of the High Court of Australia.

The central legal issue before the Court was whether Mr. Glew had established a sufficient basis to be granted leave to commence proceedings against the Commonwealth and ASIC. Specifically, the Court was required to consider whether the proposed proceeding raised a serious question to be tried and whether it was in the interests of justice to grant such leave, having regard to the nature of the allegations and the potential impact on the parties and the public interest.

Heydon J applied the principles governing applications for leave to issue proceedings, which require a demonstration that the proposed litigation is not frivolous or vexatious and that there is a real prospect of success. His Honour considered the evidence presented by Mr. Glew and found that the allegations, while serious, lacked the necessary factual or legal foundation to satisfy the threshold for granting leave. The Court determined that the proposed proceeding did not raise a serious question to be tried and that it would not be in the interests of justice to permit the litigation to proceed.

Consequently, Heydon J dismissed the application for leave to issue a proceeding.