| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCI 2025 0023 S EAPCI 2024 0088 S EAPCI 2024 0091 |
IN THE MATTER of proposed judicial directions, on the application of UNCLE ROBBIE THORPE
| UNCLE ROBBIE THORPE | Applicant |
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| JUDGES: | EMERTON P and WALKER JA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | Determined on the papers |
| DATE OF JUDGMENT: | 16 July 2025 |
| MEDIUM NEUTRAL CITATION: | [2025] VSCA 172 |
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PRACTICE AND PROCEDURE – Filing – Power to direct Registrar to accept documents for filing – Registrar refused to accept documents for filing – Applicant sought judicial direction to Registrar to accept documents for filing – Documents were applications other than for leave to appeal – Documents sought entirely inappropriate orders that Court would not make – Applications incomplete or failed to comply with Rules – Application for direction refused.
Supreme Court (General Civil Procedure) Rules 2015 rr 9.07, 64.43.
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| Counsel | |||
| Applicant: | In person | ||
| Respondent: | Not applicable | ||
Solicitors | |||
| Applicant: | Not applicable | ||
| Respondent: | Not applicable | ||
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EMERTON P
WALKER JA:
In October 2023, Uncle Robbie Thorpe (‘the applicant’) sought to file a charge sheet and summons in the Magistrates’ Court of Victoria naming King Charles III as the accused and alleging that he had committed ‘continuing acts of genocide … against First Peoples’. The Magistrates’ Court refused to issue the summons and did not initiate a proceeding.
By originating motion filed in the Trial Division on 7 March 2024, the applicant sought judicial review of the Magistrates’ Court decision. A trial was conducted on 19 July 2024 and on 5 February 2025 Richards J handed down her judgment. Her Honour held that the charge sheet did not disclose an offence known to law and that the Magistrates’ Court was correct to refuse to issue the proposed proceeding.[1]
An application for leave to appeal from a decision of Richards J to refuse to accept an affidavit for filing was refused by McLeish JA on 2 August 2024.[2]
[2]Re Thorpe [2024] VSCA 172 (‘Thorpe No 1’).
The applicant has since filed an application for leave to appeal Richards J’s decision. He has also filed various applications other than for leave to appeal, which are voluminous and overlapping. Some of these additional applications have been accepted for filing. However, the Registrar refused to accept for filing four of the applications, pursuant to r 64.43 of the Supreme Court (General Civil Procedure) Rules 2015 (the ‘Rules’). Together these four applications seek more than 15 different orders, including orders for the joinder of additional parties, orders concerning intervenors, orders concerning the identity or racial background of the judges who are to hear his applications, and other orders concerning the conduct of the proceedings.
The applicant now seeks to have a Judge or Judges of Appeal direct the Registrar to accept for filing the four applications that were refused, pursuant to r 64.43(5) of the Rules.
For the reasons that follow, we will not direct…
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