Klinger v Stevenson

[2007] HCATrans 365

[2007] HCATrans 365

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  No C2 of 2006

B e t w e e n -

ERWIN KLINGER

Applicant

and

CAROL STEVENSON

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

KIRBY J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 1 AUGUST 2007, AT 10.05 AM

Copyright in the High Court of Australia

KIRBY J:   The applicant commenced proceedings under the Family Provision Act 1969 (ACT) ("the Act") in the Supreme Court of the Australian Capital Territory against the respondent as executor of the estate of his former domestic partner.

The applicant was represented in that Court before Higgins CJ. The parties arrived at an agreement in the course of the hearing. His Honour by consent accordingly entered judgment for the applicant pursuant to s 8 of the Act.

On 17 October 2004 the applicant filed a notice of motion seeking leave to appeal out of time from the consent judgment of Higgins CJ.  He complained that he agreed to the consent order under duress, specifically of threats of death to him and his family, to the knowledge of his counsel and solicitor.  He alleged that he had been the victim of a number of assaults before the order was made.

The applicant now applies for leave to remove his cause from the Supreme Court of the Australian Capital Territory to this Court.

By s 40 of the Judiciary Act 1903 (Cth) any cause or part of a cause arising under the Constitution or involving its interpretation, may be removed from any federal or State Court into this Court, at any stage of the proceedings before final judgment, by order of this Court.

The applicant's summary of argument does not identify any constitutional or other question of the interpretation of any relevant federal or Territory enactment. He states that the inaction of the ACT Supreme Court in responding to intimidation of him and the misconduct of his lawyers has denied him a fair hearing, and undermines public confidence in the Supreme Court of the Australian Capital Territory. However, there is no aspect of the applicant's case which should be removed into this Court.

Pursuant to rule 26.05.02 of the High Court Rules 2004 this application is governed by Part 41 of the rules. Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application and I publish the disposition signed by Justice Callinan and myself.

AT 10.08 AM THE MATTER WAS CONCLUDED