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

[2023] HCATrans 71

[2023] HCATrans 071

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S45 of 2023

In the matter of -

an application by HELEN MARY for leave to issue or file

JAGOT J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 30 MAY 2023, AT 10.30 AM

Copyright in the High Court of Australia

HER HONOUR:   By application filed on 2 May 2023, the applicant seeks leave to issue or file a constitutional or other writ.  For the reasons that I now publish, I would dismiss the application.  The orders are:

(1)Pursuant to r 13.03.1 of the High Court Rules, the application filed on 2 May 2023 for leave to issue or file a constitutional or other writ be determined without listing the application for hearing.

(2)The application be dismissed.

I publish those orders.  I direct that the reasons as published be incorporated into the transcript.

These are my reasons for dismissing the application by the applicant for leave to issue or file an application for a constitutional or other writ in the original jurisdiction of this Court, without listing it for hearing, as provided for in r 13.03.1 of the High Court Rules 2004 (Cth).

In April 2023, the applicant sought to file an application for a constitutional or other writ in this Court. The Registrar referred the application to a justice under r 6.07.1 of the High Court Rules which provides that the Registrar may do so if the document appears “on its face to be an abuse of the process of the Court, to be frivolous or vexatious or to fall outside the jurisdiction of the Court”.  On 27 April 2023, pursuant to r 6.07.2, Gageler J directed that “the Registrar refuse to issue or file the application without the leave of a Justice first had and obtained by the party seeking to issue or file it”.

On 2 May 2023, the applicant filed the present application for leave.  The principal substantive orders the applicant seeks are the discharge of orders made by the Federal Circuit and Family Court of Australia on 2 November 2022 and 4 April 2023.  The applicant contends that she and her children have diplomatic and other forms of immunity from the jurisdiction of all courts and bodies as “living souls . . . uncontracted to the statutory obligations of ‘Australia’”, and that courts have no jurisdiction “over a woman and her sons who are in the jurisdiction of original lands and tribes of Gumbaynggirr, Gadigal, Majagi and Nyangbul Nations; and who are all three self‑determined benefactors”.

There is nothing to suggest that the orders sought to be discharged were other than regularly made in the proper exercise of the jurisdiction of the Federal Circuit and Family Court, in family law proceedings involving the applicant.  The application does not expose any basis recognised by the law of Australia for those orders to be set aside.  The application discloses no tenable basis for the relief sought.

Accordingly, the orders I make are that:

(1)Pursuant to r 13.03.1 of the High Court Rules, the application filed on 2 May 2023 for leave to issue or file a constitutional or other writ be determined without listing the application for hearing.

(2)The application be dismissed.

Adjourn the Court.

AT 10.31 AM THE MATTER WAS CONCLUDED