McDonald & Anor v State of South Australia

The applicants, Francis Thomas McDonald and Brennan James McDonald, sought reinstatement of their application for special leave to appeal against the State of South Australia. This matter came before the High Court of Australia, which considered the summons on the papers pursuant to rule 13.03.1 of the High Court Rules 2004 (Cth).

The primary legal issue before the Court was whether the applicants' prior application for special leave to appeal, filed on 6 June 2016, should be reinstated. Ancillary to this was the question of whether an extension of time should be granted for the applicants to file the necessary documents required by rule 41.01 of the Rules.

The Court determined that the applicants' application for special leave to appeal should be reinstated. Furthermore, it ordered that time be extended for the filing of the documents required by rule 41.01, setting the new deadline for 4.00 pm on 27 October 2016.