Milat v The Queen

This matter concerned an application for special leave to appeal by Ivan Milat against the decision of the Court of Criminal Appeal of New South Wales. The core of the dispute revolved around Mr Milat's right to make oral submissions in person or via video link during the special leave hearing before the High Court of Australia.

The High Court was required to determine whether it possessed the power to order the production of a prisoner for the purpose of making oral submissions, and if so, under what circumstances such an order should be made. The Court also considered the status of an applicant for special leave and the discretionary factors relevant to such an application.

McHugh J, in dismissing the summons and application, noted that while the High Court has the power to order the production of a prisoner, this power is discretionary and not routinely exercised. His Honour considered the international practice and the specific circumstances of the case, ultimately concluding that it was not appropriate to grant the application for oral submissions. The summons and application were therefore dismissed.