This much anticipated third edition of Special Leave to Appeal for the first time incorporates the significant 2016 amendments to Part 41 of the High Court Rules 2004 (Cth). These amendments established, among other things, that the determination of most applications is now on the papers, without an oral hearing.
To obtain special leave to appeal it is necessary to establish not only an error in the lower court’s judgment, but also some special feature of the case which warrants the High Court’s attention. There is no exhaustive list or comprehensive definition of what is ‘special’. That is largely to be gleaned from the High Court’s reasons for refusing special leave.
This book is as comprehensive a statement of the law and practice of applying for special leave as there is. With reference to over 2000 decisions and relevant statutory provisions, this work is an invaluable aid to preparing to make or meet an application.
The third edition addresses both civil and criminal applications. Key chapter headings include civil and criminal criteria for the grant of special leave, and civil and criminal procedure. There is also a final chapter on presenting persuasive submissions.
With a preface by Australia’s leading practitioner in this area, David Jackson AM QC, this is an essential work for anyone participating in an application for special leave to appeal to the High Court of Australia.