McDonald v Attorney-General (SA) (No 3)

The Supreme Court of South Australia, constituted by Livesey P, S Doyle and Bleby JJ, considered urgent applications by a party seeking the disqualification of the judicial panel, a rehearing of proceedings, and a stay of judgment. These applications were brought on grounds of alleged bias, both actual and ostensible, and claims of procedural unfairness.

The central legal issues before the Court were whether there were sufficient grounds to disqualify the judges from hearing the appeal, whether a rehearing was warranted due to alleged bias or procedural unfairness, and whether a stay of proceedings should be granted. The Court was also to deliver judgment on the substantive appeal concerning a declaration that the applicant was a vexatious litigant and orders made under section 39 of the *Supreme Court Act 1935* (SA).

The Court reviewed the materials presented and concluded that there was no basis for the applications for disqualification, rehearing, or a stay. The Court found that the grounds of bias and procedural unfairness were not substantiated, and therefore, these applications were dismissed. The Court determined that there was no utility in ordering a stay of proceedings.

Consequently, the urgent applications for disqualification, rehearing, and a stay were dismissed. The Court proceeded to deliver judgment on the appeal against the vexatious litigant declaration and the associated orders made under section 39 of the *Supreme Court Act 1935* (SA).