Luck v University of Southern Queensland

[2019] HCASL 20

LUCK

v

UNIVERSITY OF SOUTHERN QUEENSLAND

[2019] HCASL 20
M111/2018

1. The applicant filed a summons dated 26 October 2018 seeking leave to file a Proposed Amended Application for Special Leave to Appeal from the judgment of the Full Court of the Federal Court of Australia of 29 June 2018 (Logan and Mortimer JJ, Charlesworth J dissenting in part) dismissing an appeal against a sequestration order made by a judge of the Federal Circuit Court of Australia on 4 April 2017 over the applicant’s estate.  Leave to file the Proposed Amended Application for Special Leave to Appeal is granted.

2. Ground 1 of that amended application identified special leave questions which asserted the constitutional invalidity of s 103(1) of the Federal Circuit Court of Australia Act 1999 (Cth) and r 2.02(1) of the Federal Circuit Court (Bankruptcy) Rules 2016 (Cth) and further contended that the power conferred by s 52(5) of the Bankruptcy Act 1966 (Cth) could be exercised only by a judge of the Federal Circuit Court or the Federal Court, not by a registrar of either court. Those questions were raised for the first time in the amended application, are contrary to authority and would enjoy no prospect of success. Special leave to appeal on this ground should be refused.

3. Ground 1 of the amended application included a further complaint that the exercise of power by the Registrar of the Federal Circuit Court under s 52(5) of the Bankruptcy Act 1966 (Cth) and r 16.05(2)(e) of the Federal Circuit Court Rules 2001 (Cth) ("the slip rule") was beyond power. The history of the application, including the manner in which the parties conducted the litigation, makes this application not an appropriate vehicle to consider the slip rule and it is not otherwise in the interests of the proper administration of justice for leave to be granted. Special leave to appeal on this ground should be refused.

4. Ground 2 of the amended application sought to raise an unparticularised complaint about a denial of natural justice which would enjoy no prospect of success.  Special leave to appeal on this ground should be refused.

5. 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 amended application.

G.A.A Nettle
13 February 2019 M.M Gordon