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

The applicant, RCM, sought leave from the High Court of Australia to issue or file an application for the removal of a cause from the South Australian Youth Court into the High Court under section 40 of the *Judiciary Act 1903* (Cth). The underlying matter in the Youth Court concerned custody of RCM's child, with RCM seeking the return of custody from the Department for Child Protection and various orders against the Chief Executive of that Department and the child's father. RCM contended that her proposed application raised twelve constitutional issues, including the binding effect of the Constitution and federal laws on states, treaty obligations concerning the rights of the child, and the validity of South Australian child welfare laws.

The legal issue before the High Court was whether to grant RCM leave to issue or file her application for removal. This required the Court to consider whether the proposed application was an abuse of process, frivolous, vexatious, or fell outside the Court's jurisdiction, with the discretion guided by whether the application appeared "manifestly hopeless." The Court was also required to assess whether the constitutional issues raised were sufficiently important and urgent to justify removal, thereby interfering with the processes of the lower court and bypassing standard leave requirements.

The Court reasoned that the constitutional issues raised by RCM were confused and demonstrably weak. Applying the principles established in *Bienstein v Bienstein* and *Re Young*, the Court reiterated that orders for removal under section 40 of the *Judiciary Act* are exceptional and should only be made when the issues are important and require the High Court's urgent decision. The Court found that RCM had not demonstrated any reason why the Youth Court could not deal with the proceedings expeditiously, nor had she established the importance or urgency of the issues to justify removal. Consequently, the proposed application was deemed "manifestly hopeless."

The application for leave to issue or file was dismissed.