In the Matter of An Application BY Svetlana Tkachenko for Leave to Appeal

[2013] HCASL 1

IN THE MATTER OF AN APPLICATION BY SVETLANA TKACHENKO

FOR LEAVE TO APPEAL

[2013] HCASL 1
A26/2012

1. On 7 June 2012, Crennan J made a direction pursuant to r 6.07 of the High Court Rules that the Registrar refuse to accept an application for special leave to appeal without the leave of a Justice first had and obtained.

2. On 15 August 2012, Hayne J refused the applicant leave.  His Honour noted that the applicant sought special leave to appeal from a decision of a single Justice of the Supreme Court of South Australia, Gray J.  Gray J allowed an appeal by the applicant against the sentence imposed on her for riding a bicycle without an approved helmet and set aside the conviction recorded against her.  Hayne J noted that by the proposed application for special leave to appeal the applicant sought an order that "the requirement to wear bicycle helmets is suspended or repealed until there is a new helmet standard with adequate sun protection".  The application sought no other order.  Hayne J found that the court had no power to make an order of the kind sought and that the proposed application was vexatious. 

3. This is an application for leave to appeal against Hayne J's order refusing leave.

4. The applicant asserts that this Court has the power of judicial review over statutes.  That is so.  But it is so only where the statutes exceed legislative power.  The papers which the applicant has filed do not demonstrate any excess of power here. 

5. Accordingly, the application must be dismissed.

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

J.D. Heydon
26 February 2013 V.M. Bell