Re NYY

The applicant in this case sought leave to file documents in the Supreme Court, pursuant to rule 15 of the Uniform Civil Procedure Rule 1999 (Queensland), which had previously been refused by the registrar. The applicant's application was brought in the context of previous proceedings in the Magistrates Court, District Court, and the Federal Circuit Court. The applicant sought urgent orders regarding the risk of harm to three children in the custody of the fifth respondent (the applicant's former husband) and a variation of orders made by the Federal Circuit Court. The applicant argued that the court should exercise its parens patriae jurisdiction and sought a judicial review of the previous decisions.
The court was required to determine whether the application was vexatious and lacked proper legal basis. The court also needed to decide whether the proposed claims fell within its jurisdiction. In particular, the court had to assess whether the applicant's claims were an attempt to relitigate issues that had already been determined in previous proceedings. Additionally, the court needed to consider whether the applicant's claims were based on proper evidence and whether they warranted urgent attention.
The court found that the application was vexatious and lacked a proper legal basis. The applicant had attempted to relitigate issues that had already been determined in previous proceedings. Furthermore, the applicant's claims were not supported by proper evidence, and there was no indication that the children were presently in danger. The court held that the application was an abuse of process and dismissed the application for leave to file the documents. The court also noted that the applicant's claims were outside the jurisdiction of the court, as they sought to vary orders made by the Federal Circuit Court, which was not within the jurisdiction of the Supreme Court.
The application for leave pursuant to rule 15(2)(b) of the Uniform Civil Procedure Rules 1999 is dismissed. The applicant is ordered to pay the costs of the application.