Stitched Up in the High Court

December 16, 2011

I did battle this week with a self represented person who was trying to get their special leave application re-instated in the High Court. They needed re-instatement because they failed to comply with High Court Rule 41.10. That rule which I set out below (complete with perspicuous remarks)  made me smile the first time I read it…..

41.10.1    An unrepresented applicant shall present his or her argument to the Court in the form of a draft notice of appeal and written case, which, unless the Court or a Justice otherwise directs, shall not be served on any person who was a party to the proceedings in the court below [so, don’t serve it until the Court tells you to – I bet this happens a lot]

41.10.2 & 41.10.3 set out the forms and page limits. The rule then continues:

41.10.3(c)    shall be filed within 28 days of the filing of the application, together with two additional copies of the written case, the draft notice of appeal and all of the documents filed by the applicant in accordance with rule 41.01.2.

41.10.4.1 If an unrepresented applicant does not comply with paragraph 41.10.3 (c), the application is taken to be abandoned unless the Court or a Justice orders or directs otherwise.

…..now even if you do manage to comply with those requirements…

41.10.5    Where an unrepresented applicant has filed a written case, any two Justices may, without requiring any party to the proceedings in the court below to respond to the applicant’s written case, determine that the application should be dismissed and direct the Registrar to draw up, sign and seal an order dismissing the application.

Creative commons acknowledgment for the photograph.

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