High Court of Australia

Re Young [2020] HCA 13

Re Young

15 Apr 2020

Case Number: S12/2020 S13/2020




High Court – Leave to issue or file proceeding – Removal of proceedings – Where causes said to be pending in Supreme Court of New South Wales said to involve matter "arising under any treaty" within meaning of s 75(i) of Constitution – Where applications for removal of causes into High Court under s 40 of Judiciary Act 1903 (Cth) were refused – Where applicant sought to file documents in the form of applications for leave to appeal and accompanying summons – Where Registrar directed to refuse to issue or file documents without leave of a Justice first had and obtained – Whether appellate jurisdiction of High Court extends to hearing and determining appeal from order granting or refusing removal of cause – Whether order is under implied exception to appellate jurisdiction prescribed by Parliament within meaning of s 73(i) of Constitution – Whether conditions for grant of leave to appeal established.

Words and phrases – "abuse of process", "appellate jurisdiction", "cause", "exception", "federal jurisdiction", "incidental judicial power", "leave to issue or file", "order granting or refusing removal of a cause", "original jurisdiction", "preliminary and discretionary nature", "proceedings inter partes", "removal", "special leave", "substantial injustice", "treaty".

Constitution – ss 51(xxxix), 73(i), (ii), 75, 76, 77(iii).

High Court Rules 2004 (Cth) – rr 6. 07. 1, 6. 07. 2, 6. 07. 3, 26. 07. 1.

Judiciary Act 1903 (Cth) – ss 2, 30(a), 34(1), (2), 35(2), 40(1), (2)(b), 42, 78B.

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