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

Case

[2023] HCATrans 63

No judgment structure available for this case.

[2023] HCATrans 063

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M23 of 2023

In the matter of -

an application by CINDY TAYLOR for leave to issue or file

GAGELER ACJ

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 18 MAY 2023, AT 9.30 AM

Copyright in the High Court of Australia

HIS HONOUR:   Pursuant to rules 6.07.3 and 13.03.1, I refuse the application for leave to issue or file the proposed application for a constitutional or other writ.  I publish my reasons and I direct that those reasons be incorporated into the transcript.

The order I make is:

The ex parte application for leave to issue or file the application for a constitutional or other writ is refused.

I publish that order.

On 4 April 2023, Ms Cindy Taylor filed an application for leave to issue or file an application for a constitutional or other writ under r 6.07.3 of the High Court Rules 2004 (Cth) (“the Rules”), supported by an affidavit affirmed by her on 28 March 2023. Leave is required because on 27 March 2023 pursuant to r 6.07.2 of the Rules Steward J directed the Registrar to refuse to issue or file the document without the leave of a Justice first had and obtained.

Ms Taylor’s proposed application for a constitutional or other writ names the Commonwealth Attorney-General as the defendant and seeks “an order of Mandamus on the Attorney General of the Commonwealth to:  Immediately instruct the Crown to:  Succeed the Plaintiff to the title and role of Sovereign Empress of Australia; And other orders as the Court sees it, in support of the above”.  It appears that Ms Taylor also seeks damages for “the Crown’s ongoing use of Lawfare” against her and for having been “thrown from [her] natural path of evolvement”.

The legal claims sought to be agitated by the application are unintelligible and the primary relief sought is beyond the jurisdiction of this Court.  The proposed application is frivolous, vexatious, and an abuse of process.

The ex parte application for leave to issue or file the application for a constitutional or other writ is refused.

The Court will now adjourn until 9.45 am.

AT 9.31 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Civil Procedure

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Standing

  • Procedural Fairness

  • Jurisdiction

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