In the Matter Of An Application BY Adrian Praljak For Leave To Issue Or File

The applicant, Adrian Praljak, applied for leave to issue or file an application for special leave to appeal against a decision of the Federal Court of Australia. This decision had dismissed his originating application against Bond University, which alleged discrimination and abuse of process. The application for special leave to appeal also sought relief against the denial of an extension of time, the designation as a vexatious litigant, procedural unfairness, and punitive costs orders. Additionally, Mr Praljak sought to expand the scope of the matter to include criminal and civil claims, alleging exploitation and manipulation of legal proceedings by the respondent and its legal representatives.

The legal issues before the court involved the discretionary power to refuse leave to issue or file a document under rule 6.07.2 of the High Court Rules 2004. The court had to determine if the proposed applications for special leave to appeal were frivolous, vexatious, or an abuse of process. The court also needed to assess whether the proposed grounds of appeal had any arguable basis for the relief sought. The discretion to refuse leave to issue or file a document is exercised only in the clearest of cases, where the document appears to be an abuse of the process of the court, frivolous, vexatious, or outside the jurisdiction.

The court found that the proposed grounds of appeal were entirely devoid of merit and that Mr Praljak's applications sought to invoke the court's jurisdiction on a basis that was confused or manifestly untenable. The court concluded that the proposed applications for special leave to appeal would amount to an abuse of process if filed. Therefore, the applications for leave to issue or file were dismissed without an oral hearing, pursuant to rule 13.03.1 of the Rules.

The final orders were that the application filed on 11 September 2024 for leave to issue or file in proceeding M79/2024, and each of the three applications filed on 3 October 2024 for leave to issue or file in proceedings M83/2024, M84/2024, and M85/2024, were refused.