Millin, In the matter of an application for leave to issue or file

This matter concerned an ex parte application by Solihin Millin to the High Court of Australia for leave to issue or file a writ of summons and statement of claim. The application followed an earlier direction by Gageler J, pursuant to rule 6.07.2 of the High Court Rules 2004 (Cth), that the writ not be issued or filed without the leave of a Justice.

The court was required to determine whether to grant the applicant leave to issue or file the proposed writ and statement of claim. The proposed claim named the Commonwealth of Australia as the defendant and alleged that current Commonwealth vaccination policies were "unnecessarily and criminally killing and maiming Australian Citizens." The applicant sought to advance this claim, supported by a statement of material facts described as scandalous and not disclosing a cause of action, with unintelligible relief sought.

Her Honour refused the application, reasoning that the proposed writ of summons did not disclose a cause of action, constituted an abuse of the process of the Court, and failed to comply with the requirements of Part 27 of the High Court Rules. The accompanying affidavit also contained scandalous assertions. Consequently, the application for leave was refused.