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

The Youth Advocate Inc. (NFP) applied to the High Court of Australia for leave to issue or file an application for a constitutional or other writ seeking injunctive relief. This application was directed at the Prime Minister of the Commonwealth of Australia, seeking to prevent any authorisation for the administration of the COVID-19 vaccine to individuals aged 0-19 years in Australia. The need for leave arose from a direction by Justice Gageler on 7 October 2021, pursuant to rule 6.07.2 of the High Court Rules 2004 (Cth), requiring the Registrar to refuse to issue or file the document without such leave.

The primary legal issue before the court was whether to grant the applicant leave to issue or file its proposed constitutional writ. This required the court to consider the nature of the application and whether it met the threshold for leave to be granted.

The court determined that the application did not articulate the basis for the requested orders in reasonably comprehensible terms. Consequently, the court found the application to be frivolous and vexatious.

The application for leave to issue and file the proceeding was dismissed.