The Youth Advocate Inc. (NFP), In the matter of an application for leave to issue or file

Case

[2021] HCATrans 192

No judgment structure available for this case.

[2021] HCATrans 192

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S171 of 2021

In the matter of -

an application by THE YOUTH ADVOCATE INC. (NFP) for leave to issue or file

KEANE J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA BY VIDEO CONNECTION TO BRISBANE

ON THURSDAY, 11 NOVEMBER 2021, AT 9.31 AM

Copyright in the High Court of Australia

HIS HONOUR:   On 6 October 2021 the applicant sought to file a constitutional or other writ seeking injunctive relief. On 7 October 2021 Justice Gageler directed, pursuant to rule 6.07.2 of the High Court Rules 2004 (Cth) that the Registrar refuse to issue or file a document without the leave of a Justice first had and obtained by the applicant. By an application on 14 October 2021 the applicant sought that leave.

For the reasons that I now publish, I would dismiss that application.  I direct that those reasons be incorporated into the transcript.

The order is leave to issue and file the proceeding is refused.  I publish that order.

The applicant seeks leave to issue or file an application for a constitutional or other writ directed to the Prime Minister of the Commonwealth of Australia seeking injunctive relief to prevent “any current and/or future authorisation by the Prime Minister ... for the administration of the COVID‑19 vaccine for the 0‑19 age group for the residents of Australia”.

Leave is necessary by reason of the direction of Gageler J on 7 October 2021 pursuant to r 6.07.2 of the High Court Rules 2004 (Cth).

The application does not articulate, in reasonably comprehensible terms, the basis on which the applicant seeks the orders sought.  The application is frivolous and vexatious.

Leave to issue and file the proceeding is refused.

AT 9.32 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Civil Procedure

  • Constitutional Law

Legal Concepts

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Standing

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