Shaw v Attorney General for WA & Anor

[2005] WASC 149

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Practice and Procedure
2. › Vexatious litigants
3. › Application for leave to institute proceedings
4. › Whether proceedings vexatious
5. › Whether prima facie ground for proceedings
6. › Meaning of 'prima facie ground'
7. › Vexatious Proceedings Restriction Act 2002 (WA), s 6(7)
1. Practice and Procedure
2. › Bias
3. › Apprehended bias
4. › Judge acquainted with parties
5. › Whether fair-minded lay observer would apprehend bias
6. › Duty of judge to sit
1. Constitutional Law (WA)
2. › Validity of legislation
3. › Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 (WA)
4. › Whether removal of references to Crown affected jurisdiction of Supreme Court
5. › Effect of Australia Act 1986
6. › Constitution Act 1899 (WA), ss 51, 73

Quick Take

The requirement of 'prima facie ground' in s 6(7) of the Vexatious Proceedings Restriction Act 2002 (WA) does not require the applicant to show it is more probable than not that they will succeed, but rather that success is 'not unlikely'. The Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 (WA), which substituted references to 'the State' for references to 'Her Majesty' in the Supreme Court Act 1935 (WA), did not affect the constitution or jurisdiction of the Supreme Court.