In the Matter of An Application BY the Youth Advocate Inc (NFP) for Leave to Appeal
[2022] HCASL 4
IN THE MATTER OF AN APPLICATION BY THE YOUTH ADVOCATE INC (NFP) FOR LEAVE TO APPEAL
[2022] HCASL 4
S199/2021
The applicant has filed an application seeking expedition of the determination of the applicant's application seeking leave to appeal from a decision of a single Justice of the High Court of Australia (Keane J). Justice Keane had refused the applicant's application for leave to issue or file an application for a constitutional or other writ, which was necessary by reason of the direction of Gageler J on 7 October 2021 pursuant to r 6.07.2 of the High Court Rules 2004 (Cth). Justice Keane found that the application did not articulate, in reasonably comprehensible terms, the basis on which the applicant sought the orders sought and was frivolous and vexatious. It is appropriate to consider both the application for expedition and the application for leave together.
There is no reason to doubt the correctness of the decision of the single Justice to refuse the applicant's application for leave. The application otherwise has no prospect of success and raises no question of principle. Leave should be refused. Accordingly, it would be futile to grant the order for expedition.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.
M.M. Gordon S.H.P. Steward 10 February 2022
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