JLM & Anor v Millar & Ors; PTC v Millar

The applicants, JLM and another, and PTC sought special leave to appeal from a decision of the Full Court of the Supreme Court of Victoria. The dispute concerned the power of the Childrens Court to jointly hear separate protection applications without the consent of the parties. The applicants argued that a joint hearing of 81 protection applications involving 16 families would cause great injustice.

The High Court was required to determine three main issues: whether a joint hearing of all 81 protection applications would result in a great injustice; the principles governing the joinder of different cases due to commonality of interest or subject matter; and crucially, the power of the Childrens Court to hear separate protection applications jointly in the absence of party consent. The applicants initially sought to address the injustice and joinder principles, but the Court directed them to first address the jurisdictional point regarding the Childrens Court's power.

The applicants submitted that there were no statutory provisions or court rules permitting the joinder of separate applications. They contended that while the Full Court found such power arose from the inherent power of a court to regulate its procedures, this was distinct from the power to join different proceedings. They relied on historical precedent, including *Cameron v McBain* and *Crane v Director of Public Prosecutions*, to argue that courts historically lacked the power to order joinder of separate actions or indictments without party consent, suggesting that any such power must be explicitly conferred by statute.