Millin, In the matter of an application for leave to issue or file [2020] HCATrans 36 (20 March 2020)

Last Updated: 23 March 2020

[2020] HCATrans 036

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Melbourne No M18 of 2020

In the matter of -

an application by SOLIHIN MILLIN for leave to issue or file

GORDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 20 MARCH 2020, AT 9.15 AM

Copyright in the High Court of Australia
HER HONOUR: This is an ex parte application for leave to issue or file a writ of summons with a statement of claim. On 6 February 2020, Gageler J directed that, pursuant to r 6.07.2 of the High Court Rules 2004 (Cth), the writ was not to be issued or filed without leave of a Justice being obtained by the applicant. This is that application.

For the reasons that I now publish, the application for leave to issue or file that writ of summons and the statement of claim should be refused. I publish those reasons. I direct that the reasons, as published, be incorporated into the transcript.

In matter M18 of 2020, the order of the Court is:

1. The ex parte application for leave to issue or file the writ of summons and the statement of claim is refused.

I publish that order.

This is an ex parte application for leave to issue or file a writ of summons with a statement of claim. On 6 February 2020, Gageler J directed that, pursuant to r 6.07.2 of the High Court Rules 2004 (Cth), the writ was not to be issued or filed without leave of a Justice being obtained by the applicant. This is that application.

The proposed writ lists one defendant, the Commonwealth of Australia, which is also referred to in the body of the proposed writ and statement of claim as “the Australian Government”. The proposed claim is described as being that “current Commonwealth of Australia (Australian Government) Vaccination Policies are unnecessarily and criminally killing and maiming Australian Citizens”. The statement of material facts said to support the claim is scandalous and does not disclose a cause of action. The relief sought is unintelligible. The affidavit of the applicant filed in support of the application contains further scandalous assertions.

Thus, the writ of summons does not disclose a cause of action, is an abuse of the process of the Court and otherwise does not comply with the requirements of Pt 27 of the High Court Rules. The ex parte application for leave to issue or file the writ of summons and the statement of claim is refused.

Adjourn the Court.

AT 9.16 AM THE MATTER WAS CONCLUDED