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

The applicant, Zhanyu Zhong, sought leave from the High Court of Australia to issue or file a writ of summons. The proposed writ sought various declarations and orders against the Court of Appeal of the Supreme Court of Victoria and the Attorney-General for the State of Victoria. These claims were based on allegations that various Victorian state institutions, including the proposed defendants, had violated the applicant's fundamental human rights under the International Covenant on Civil and Political Rights and the Charter of Human Rights and Responsibilities Act 2006 (Vic). The alleged violations related to the applicant's conviction for incitement to murder.

The legal issues before the Court were whether to grant the applicant leave to issue or file the proposed writ of summons, and whether the claims advanced in the proposed writ were legally tenable and not an abuse of process. The Court was required to consider the proper exercise of its original jurisdiction, particularly in relation to matters that could have been, or should have been, the subject of an application for special leave to appeal.

The Court reasoned that the applicant had not identified whether an application for special leave to appeal to the High Court was available or had been sought from the decisions of the Court of Appeal of Victoria that were relevant to the proposed writ. The Court stated that it would rarely be appropriate to exercise its original jurisdiction in relation to issues that had already been, or could or should have been, the subject of an application for special leave to appeal. Furthermore, the Court found that the proposed writ and supporting affidavit provided no basis for any rational legal argument to support the relief sought, deeming the claims "manifestly hopeless" and an abuse of process.

Consequently, the High Court dismissed the application for leave to issue or file the writ of summons. The Court also directed that the reasons for dismissal be incorporated into the transcript and ordered that the application be dismissed on the papers without an oral hearing.