Luck v VP Jack A Henderson
[2023] HCASL 162
LUCK
v
VP JACK A HENDERSON
[2023] HCASL 162
M34/2023
The applicant seeks removal to this Court pursuant to s 40 of the Judiciary Act 1903 (Cth) of a cause pending in the Magistrates' Court of Victoria concerning an interim intervention order made against the applicant.
The application for removal is misconceived. It does not raise any real issue arising under the Constitution or involving its interpretation. Nor does the application identify any exceptional basis to justify this Court's interference with the ordinary progression of proceedings. In the circumstances, the applicant has not demonstrated sufficient cause for an order for removal. Accordingly, the application for removal should be dismissed.
The applicant has also filed two applications seeking interlocutory relief. The application for removal having been dismissed, the interlocutory applications must also be dismissed. In any event, the material filed shows no arguable ground for the making of orders of the kind sought. Moreover, the applicant has also filed an affidavit sworn on 6 November 2023. The affidavit, amongst other things, makes an "application for the recusal by Gageler CJ, Gordon, Edelman, Steward and Jagot JJ from the determination of this matter". That "application" is without merit. The applicant has not advanced an intelligible argument to justify the making of such a claim.
Pursuant to r 26.07.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the applications with costs.
M.M. Gordon S.H.P. Steward 9 November 2023
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