Luck, In the matter of an application for leave to issue or file

Gaye Luck applied to the High Court of Australia for leave to issue or file a writ of summons against seven defendants: the State of Victoria, Court Services Victoria, Victoria Police, Wayss Ltd, Mornington Peninsula Shire Council, Parliament of Victoria, and Peninsula Health. The applicant sought damages for alleged breaches of statutory duty and negligence, claiming discrimination in the provision of goods and services across various areas including the court system, police services, housing, environmental complaint investigations, parliamentary conduct, and the health system. These claims arose from the applicant's experience of living in crisis housing and allegedly being exposed to noxious fumes from a neighbour.

The Court was required to determine whether to grant the applicant leave to issue or file the proposed writ of summons. This involved assessing whether the proposed writ disclosed a proper basis for the relief sought and whether its filing would constitute an abuse of process or contravene the High Court Rules. The application was made ex parte, meaning it was heard without the defendants being present.

Her Honour determined that the proposed writ of summons did not disclose a basis for the relief sought and that its filing would constitute an abuse of process. Furthermore, the documents did not comply with the requirements of Part 27 of the High Court Rules 2004 (Cth). Consequently, the application for leave to issue or file the writ of summons was refused.