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

[2021] HCATrans 112

[2021] HCATrans 112

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Canberra  No C7 of 2021

In the matter of -

an application by DAVID WEISINGER for leave to issue or file

GORDON J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 25 JUNE 2021, AT 8.56 AM

Copyright in the High Court of Australia

HER HONOUR:   This matter is an ex parte application for leave to issue or file an application for a constitutional or other writ.  Pursuant to rules 6.07.2 and 13.03.1 of the High Court Rules 2004 (Cth), I direct that the application for leave to issue or file be determined without an oral hearing. The ex parte application for leave to issue or file is refused. I publish those reasons.

In matter number C7 of 2021, the order of the Court is:

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

I publish that order.  I further direct that the reasons as published be incorporated into the transcript.

This is an ex parte application for leave to issue or file an application for a constitutional or other writ. On 1 June 2021, Gleeson J directed that, pursuant to r 6.07.2 of the High Court Rules 2004 (Cth), the application for a constitutional or other writ was not to be issued or filed without the leave of a Justice first had and obtained by the applicant. This is an application for that leave.

I have read the applicant’s affidavit, which also effectively includes the applicant’s submissions.  The application for a constitutional or other writ lists two “respondents”:  Leonie Young (in her capacity as Deputy Registrar, High Court of Australia) and Carolyn Rogers (in her capacity as Senior Registrar, High Court of Australia).  The application relates to the applicant’s dissatisfaction with instructions given by the Deputy Registrar and Senior Registrar in relation to another application for a constitutional or other writ which the applicant previously attempted to file on 19 May 2021 and 24 May 2021, but which the Registry did not accept for filing.

The present application for a constitutional or other writ does not disclose an arguable basis for relief, is an abuse of the process of the Court and otherwise does not comply with the requirements of Pt 25 of the High Court Rules. 

Pursuant to rr 6.07.2 and 13.03.1 of the High Court Rules, I direct that the application for leave to issue or file the application for a constitutional or other writ be determined without an oral hearing.  The ex parte application for leave to issue or file the application for a constitutional or other writ is refused.

Adjourn the Court.

AT 8.57 AM THE MATTER WAS ADJOURNED