HIRWA

[2022] WASCA 21

JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT  :   THE COURT OF APPEAL (WA)

CITATION:   HIRWA [2022] WASCA 21

CORAM:   BUSS P

MITCHELL JA

HEARD:   15 FEBRUARY 2022

DELIVERED          :   15 FEBRUARY 2022

PUBLISHED           :   15 FEBRUARY 2022

FILE NO/S:   CACR 201 of 2021

BETWEEN:   JEAN STEVE HIRWA

Appellant

ON APPEAL FROM:

Jurisdiction              :   SUPREME COURT OF WESTERN AUSTRALIA

Coram:   REGISTRAR EATON

File Number            :   CACR 201 of 2021

Catchwords:

Appeal - Practice and procedure - Application for review of registrar's decision not to accept an appeal notice for filing - Whether respondent properly identified in appeal notice - Whether appeal notice otherwise complied with the Supreme Court (Court of Appeal) Rules 2005 (WA) - Turns on own facts

Legislation:

Supreme Court (Court of Appeal) Rules 2005 (WA)

Result:

Review application dismissed
Other orders made

Category:    B

Representation:

Counsel:

Appellant : In person

Solicitors:

Appellant : In person

Case(s) referred to in decision(s):

Hirwa [2021] WASCA 201

JUDGMENT OF THE COURT:

1. We are dealing with Mr Hirwa's application to review the registrar's decision to refuse to accept his appeal notice for filing.  The appeal notice seeks to appeal against orders made by Allanson J in SJA 1046 of 2020.

2. The relevant background is set out in this court's reasons in Hirwa[1].  There, this court upheld the registrar's refusal to accept for filing an earlier appeal notice in respect of Allanson J's orders on grounds which included that it incorrectly identified 'Western Australia Police Force' as the respondent to the proposed appeal and incorporated various emails and orders in the draft grounds of appeal.

   [1] Hirwa [2021] WASCA 201.

3. Since that decision, Mr Hirwa sought to file a further appeal notice seeking to appeal against Allanson J's orders.  That further appeal notice suffers from similar defects as the notice previously rejected for filing, including that it identifies 'Western Australia Police Force' as the respondent to the proposed appeal and annexes various documents.  For reasons explained in this court's previous decision, the registrar was correct to refuse to accept the further appeal notice for filing.  Mr Hirwa's review application in respect of the registrar's most recent decision must be dismissed.

4. In addition, in light of Mr Hirwa's repeated attempts to file the same or a similar defective document, it is appropriate to give the registrars a specific direction not to accept the same or similar documents for filing in the future.  This will not prevent Mr Hirwa from filing a appeal notice in respect of Allanson J's orders in a proper form that complies with the Supreme Court (Court of Appeal) Rules 2005 (WA).

5. We therefore order:

   1.The application for review of the registrar's decision, filed on 29 December 2021, is dismissed.

   2.The registrars are directed not to accept for filing any form 1 (Appeal notice (criminal)) lodged by Jean Steve Hirwa which seeks to appeal against any decision of Allanson J in SJA 1046 of 2020 unless:

   (a)Renato Muscara is identified as the only respondent to the proposed appeal;

   (b) the 'draft grounds of appeal' section is limited to setting out the draft grounds of appeal in numbered paragraphs;

   (c)there are no other documents attached to, annexed to or incorporated in the appeal notice;

   (d)the appeal notice otherwise complies with the Supreme Court (Court of Appeal) Rules 2005 (WA); and

   (e)at the same time as lodging the appeal notice, Mr Hirwa also lodges, as a separate document, an affidavit in support of his application for an extension of time in which to appeal.

I certify that the preceding paragraph(s) comprise the reasons for decision of the Supreme Court of Western Australia.

BS

Associate to the Honourable Justice Buss

15 FEBRUARY 2022