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

This matter concerned an application for leave to issue a proceeding brought by Mr Glew against the Commonwealth of Australia. Mr Glew sought to commence proceedings against the Commonwealth concerning alleged contraventions of the *Competition and Consumer Act 2010* (Cth) and the *Australian Securities and Investments Commission Act 2001* (Cth). The application was heard by Gageler J of the High Court of Australia.

The central legal issue before the Court was whether Mr Glew had established a sufficient arguable case to warrant the grant of leave to issue the proceeding. This required the Court to consider the nature of the alleged contraventions and whether they disclosed a serious question to be tried, having regard to the principles governing the grant of such leave.

Gageler J considered the material before him, including the proposed statement of claim and supporting affidavits. His Honour applied the principles established in cases such as *Australian Securities and Investments Commission v Rich* and *Seven Network (Operations) Ltd v ASIC*, which require an applicant for leave to demonstrate that there is a "real prospect of success" or, at the very least, a "real question to be tried." His Honour found that the material did not disclose a sufficiently arguable case to justify the grant of leave.

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