In the Matter of An Application BY Anthony Ivan Smart for Leave to Appeal

[2013] HCASL 199

IN THE MATTER OF AN APPLICATION BY ANTHONY IVAN SMART FOR LEAVE TO APPEAL

[2013] HCASL 199
M95/2013

1. On 23 April 2013, Hayne J directed the Registrar, pursuant to r 6.07 of the High Court Rules 2004, to refuse to issue or file the applicant's proceedings without leave of a Justice of this Court.

2. On 8 August 2013, Crennan J refused the applicant leave to issue the proceedings.  Her Honour was satisfied that the proceedings which the applicant sought to issue contained no intelligible cause of action and would, if issued, be an abuse of the process of the Court.  The applicant had sought relief in the form of declarations that the Constitution Act 1975 (Vic) is unlawful and is null and void ab initio.

3. The applicant now seeks leave to appeal against the decision of Crennan J.  The applicant does not identify any reason to doubt the correctness of that decision.  The application should be dismissed.

4. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
13 December 2013 P.A. Keane