McDonald v The State of South Australia

MCDONALD
v.
THE STATE OF SOUTH AUSTRALIA & ANOR
A41/2017
MCDONALD & ANOR
v.
MINISTER FOR EDUCATION AND CHILD DEVELOPMENT & ORS
A42/2017
[2018] HCASL 43

These applications raise no question of law that would warrant a grant of special leave to appeal. In any event, the proposed appeals would not enjoy sufficient prospects of success to warrant the grant of special leave. The applications should be dismissed.
The applicant also filed a summons in each application seeking various orders, including an order in each application that leave be granted to allow him to file an affidavit, which is said to support his applications for special leave. The material contained in the affidavit does not affect the conclusion that special leave should be dismissed for the reasons given. Accordingly, the summonses must also be dismissed.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the applications and summonses.

P.A. Keane
21 March 2018 J.J. Edelman

CaseChat Overview and Summary

In the matter of McDonald v The State of South Australia, the applicants sought special leave to appeal decisions made by the South Australian Supreme Court. The dispute primarily revolved around the interpretation and application of certain educational and child development laws within the state. The applicants argued that the lower court's decisions contained errors that warranted a review by the High Court. The High Court was tasked with determining whether the appeals presented questions of law significant enough to merit special leave, and if the proposed appeals had sufficient prospects of success.

The primary legal issue the court addressed was whether the applicants' proposed appeals raised questions of law warranting special leave. The court also had to assess if the appeals had a reasonable chance of success. The applicants argued that the lower court's decisions contained significant legal errors, but the High Court found these arguments unconvincing. The court concluded that the proposed appeals did not present a question of law of general public importance and did not have sufficient prospects of success.

The High Court dismissed the applications for special leave, stating that the proposed appeals would not enjoy sufficient prospects of success. The court found that the material contained in the affidavits submitted by the applicants did not alter the conclusion that special leave should be dismissed. Consequently, the summonses seeking various orders, including permission to file supporting affidavits, were also dismissed. The court's reasoning was grounded in the lack of significant legal questions and insufficient prospects of success in the proposed appeals.

The final orders were made pursuant to rule 41.08.1 of the High Court Rules 2004 (Cth). The Registrar was directed to draw up, sign, and seal an order dismissing both the applications for special leave and the summonses. This decision was handed down on 21 March 2018 by Justice Keane and Justice Edelman.

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