In the matter of an application by Djuran Bunjileenee for leave to issue or file [2026] HCASJ 30 (4 September 2026)
Last Updated: 4 September 2026
HIGH COURT OF AUSTRALIA
EDELMAN J
IN THE MATTER OF AN APPLICATION BY DJURAN BUNJILEENEE FOR LEAVE TO ISSUE OR
FILE
[2026] HCASJ 30
Date of Judgment: 4 September 2026
M81 of
2026
ORDERS
- The
application for leave to issue or file a constitutional or other writ filed 13
August 2026 is refused.
- The
application for admission of fresh evidence filed 21 August 2026 is
refused.
- The
application for admission of fresh evidence filed 3 September 2026 is
refused.
Representation
The plaintiff is unrepresented
- EDELMAN J.
By this ex parte application filed on 13 August 2026 under r 6.07.3 of the
High Court Rules 2004 (Cth), the applicant (who is the same applicant as
in Matter M80/2026) seeks leave to issue or file another application for a
constitutional
or other writ which the applicant seeks to have heard before a
Full Court of six Justices (excluding Steward J, who gave the direction
requiring the applicant to seek leave). Once again, the applicant requires leave
to issue or file that proposed application because
on 24 July 2026, Steward J
directed the Registrar, pursuant to r 6.07.2 of the High Court
Rules, to refuse to issue or file the application without the leave of a
Justice. Once again, the application for leave to issue or file
should be
refused because the proposed application is both vexatious and an abuse of
process.
- The
principal relief sought by the applicant is a writ of prohibition, or
alternatively an injunction, directed to the proposed defendant
to that
application, Senator the Hon Penny Wong, restraining her from "taking any steps
to prevent the [applicant] communicating
with The Peoples Republic of China" to
seek assistance to stop the "ongoing Aboriginal Genocide including the
negotiation and signing
of a security treaty until the entity calling itself
Commonwealth of Australia declares peace and an end to all hostilities
against
Aboriginal Peoples and the commencement of a truth-telling peace-treaty
process as set out in the Plaintiff's application for mandamus
against the
Honourable Anthony Albanese MP, Prime Minister of Commonwealth of
Australia, dated 22 July 2025 and submitted to the
Court's Digital Lodgement
System ('DLS') the same day".
- In
two further applications, respectively filed on 21 August 2026 and
3 September 2026, the applicant also seeks orders that fresh
evidence be
admitted, apparently also for consideration in determining the application for
leave to issue or file the proposed application
in Matter M80/2026.
- In
the proposed application for a constitutional or other writ, the applicant
claims to have sent an email to "the ambassador of
the People's Republic of
China to the Republic of Fiji seeking assistance with forwarding two emails
concerning the genocide prosecution
of King Charles III to the Grand Council of
Chiefs after receiving zero assistance from Commonwealth of Australia
officials". The
applicant claims to be considering "seeking further assistance
from the People's Republic of China to stop the ongoing Aboriginal
Genocide ...
and the refusal of any high government official to declare [an] end to
hostilities and commenc[e] a peace-treaty process".
- In
the applicant's 211-page affidavit (including exhibits) filed on
13 August 2026, other orders are sought including that the proposed
application "be listed for hearing on 8 September 2026 with the White Australia
case M50/2026" and served on a number of countries
including "eighteen member
countries of the Pacific Islands Forum". To the extent that the applicant is
affected by the issues raised
in that case, the applicant, on behalf of "Camp
Sovereignty" (which is described in the special case in Matter M50/2026 at
[59.13]
as an Indigenous sacred site which was the location of a clash that saw
a large number of persons charged with various offences),
has been granted leave
to intervene by the filing of written submissions.
- To
reiterate what I said of the application for leave to issue or file by the same
applicant in Matter M80/2026, the assessment of
documents the subject of a r
6.07.2 direction is based upon consideration of the documents on their face
which, almost inevitably,
takes place on the papers and without an oral
hearing.[1] Leave will
ordinarily be refused where the proposed application clearly appears on its face
to fall outside the jurisdiction of the
Court, to be frivolous or vexatious, or
to be an abuse of the Court's process, categories which include applications
which are confused
or manifestly untenable (ie manifestly
hopeless).[2]
- As
with the proposed application in Matter M80/2026, it is again plain on the face
of this proposed application and the supporting
affidavit (either with or
without the two applications for admission of fresh evidence and their
supporting affidavits) that the
applicant seeks to invoke this Court's original
jurisdiction on a basis that is both confused and manifestly hopeless. Like the
proposed
application in Matter M80/2026, this proposed application is vexatious
and an abuse of process. Leave to issue or file this proposed
application for a
constitutional or other writ is refused. The applications for admission of fresh
evidence, which do not assist
this application or the application in Matter
M80/2026 because they only add further confusion to the proposed application in
each
matter, should also be refused. Orders should be made consistently with r
13.04 of the High Court
Rules.
[1] Re Young [2020] HCA 13; (2020) 94 ALJR 448
at 451 [12]; [2020] HCA 13; 376 ALR 567 at 570.
[2] Re Young [2020] HCA 13; (2020) 94 ALJR 448
at 451 [11], [13]; [2020] HCA 13; 376 ALR 567 at 570; Citta Hobart Pty Ltd v Cawthorn
[2022] HCA 16; (2022) 276 CLR 216 at 246-247 [73].