In the Matter of An Application BY Philip Damian Burke for Leave to Appeal

[2015] HCASL 78

IN THE MATTER OF AN APPLICATION BY PHILIP DAMIAN BURKE FOR LEAVE TO APPEAL

[2015] HCASL 78
A2/2015

1. This is an application for leave to appeal from orders of French CJ made on 28 August 2014 refusing the applicant leave to issue an application to show cause why there should not be declarations made under s 75(v) of the Constitution as to the proper interaction of the Registry (and the Marshal) of the High Court of Australia with a litigant as well as specific directions as to what the applicant described as the all-important underlying issue of an appeal from orders made by Gummow and Hayne JJ on 15 August 2003.

2. The application is out of time, and thus requires an extension of time.  No satisfactory explanation has been offered for the delay.

3. As appears from French CJ's reasons, the relief sought by the applicant appears to arise out of an incident on 3 December 2013 when, according to the applicant, he was barred by the Marshal and other staff from entering a court room. The declaration sought is that he has a right to apply to the Court under r 6.01.1 of the High Court Rules 2004 for directions that the Marshal and/or Registrar should not mislead a party as to the relevant procedural options, together with such "further or alternative orders as justice requires".

4. As French CJ determined, the application is untenable.  The applicant cannot obtain the declarations which he seeks and there is no other basis disclosed for any other relief.

5. There is no reason to doubt the correctness of his Honour's conclusion.  It is plain that the application is untenable and therefore futile.  In those circumstances, a grant of leave to appeal would be pointless and the extension of time thus should be refused.

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

K.M. Hayne
13 May 2015 G.A.A. Nettle