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

[2023] HCATrans 115

[2023] HCATrans 115

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S105 of 2023

In the matter of -

an application by YOUHUA MAO for leave to issue or file

KIEFEL CJ

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 12 SEPTEMBER 2023, AT 10.30 AM

Copyright in the High Court of Australia

HER HONOUR:   Pursuant to rules 6.07.3 and 13.03.1 of the High Court Rules 2004 (Cth), I dismiss the application for leave to issue or file the proposed application. I publish my reasons and direct those reasons be incorporated into the transcript. The order of the Court is:

1. The ex parte application for leave to issue or file the application be dismissed.

I publish that order.

On 14 August 2023 the applicant sought to file a constitutional writ in which certain declarations, damages and orders in the nature of injunctions were sought. On 21 August 2023 Gageler J directed, pursuant to r 6.07.2 of the High Court Rules 2004 (Cth) (“the High Court Rules”), that the Registrar refuse to issue or file the document without the leave of a Justice first had and obtained. On 29 August 2023 the applicant filed the present application for leave.

The relief that the applicant seeks includes:  to have the whole or part of the Superannuation Industry (Supervision) Act 1993 (Cth) declared invalid; declarations concerning whole or part of the Superannuation Guarantee (Administration) Act 1992 (Cth); a declaration concerning what is called “The Land of Peace Charter”; damages, including exemplary damages; and orders that the Commonwealth set up an Australian workers’ superannuation compensation system, and that the applicant be appointed first Guardian of the Land of Peace.

The applicant filed an affidavit on 29 August 2023 which is said to support her application.  Neither the affidavit nor the document sought to be filed provide an arguable basis upon which any of the claims for relief that might be available at law could possibly succeed.  The claims of constitutional invalidity are not comprehensible, and no basis in law is shown for the claims for damages.  It follows that the application for a constitutional writ is an abuse of process.  Leave to issue or file the writ should be refused.

It is ordered that the application made on 29 August 2023 for leave to issue or file be dismissed without listing for hearing pursuant to r 13.03.1 of the High Court Rules

Adjourn the Court.

AT 10.31 AM THE MATTER WAS CONCLUDED