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

In the High Court of Australia, Wayne Kenneth Glew sought leave to issue or file an application for removal of a matter pending in the Magistrates Court of Western Australia. Mr Glew, who described himself as a "sovereign person, a flesh and blood man," was charged with inciting another to commit deprivation of liberty. His proposed application sought an order that all states put their constitutions in place and that all laws made prior to that be dismissed.

The legal issue before the Court was whether to grant Mr Glew leave to file his application for removal, which required the Court to consider whether the proposed application was an abuse of process, frivolous, vexatious, or outside the Court's jurisdiction. The Court was required to assess the application on its face, based on the materials provided, to determine if it raised a genuine cause arising under the Constitution sufficient to engage section 40 of the Judiciary Act 1903 (Cth).

The Court reasoned that the claims made by Mr Glew were "legal nonsense" and incapable of legal argument. Applying the principles for exercising discretion on an application for leave, the Court found that the proposed application was "manifestly groundless" and an abuse of the Court's process. Consequently, the Court dismissed the application on the papers without requiring an oral hearing.