MCCONNELL v ALBANESE

In the matter of *McConnell v Albanese*, the applicant sought to appeal a decision, but the Court of Appeal of South Australia, presided over by Livesey P, considered whether to permit the filing of the appeal notice and grounds. The core of the dispute revolved around the applicant's apparent attempt to bypass the required filing fee for an appeal.

The primary legal issue before the Court was whether the proposed appeal was so devoid of merit as to constitute an abuse of process, thereby justifying the rejection of the filing. This required the Court to assess the likelihood of success on the merits and whether the appeal was frivolous, vexatious, or otherwise an abuse of the court's process.

Livesey P reasoned that the appeal notice and grounds, if filed, would almost certainly be struck out, and leave to appeal would not be granted. The President concluded that the appeal lacked any legal merit and was therefore frivolous, vexatious, scandalous, or an abuse of process. Accordingly, pursuant to rule 13.3(2)(a) of the *Uniform Civil Rules 2020* (SA), the Registrar was directed to reject the notice and grounds of appeal for filing.