Ex parte application for leave to file an originating process pursuant to the Rules of the Supreme Court 1971 (WA) O 67 r 5
Whether action has reasonable prospects of success
Quick Take
1Under O 67 r 5, a judge should refuse leave to file a proposed originating process only if satisfied it would be an abuse of process or a frivolous or vexatious proceeding, including where the action has no reasonable prospects of success or is clearly foredoomed to fail.
2Applications for warrants under the Surveillance Devices Act 1998 (WA) are not filed electronically nor stored on the court's Electronic Case Management System, and the court does not retain copies of warrants, affidavits or supporting documents; accordingly, no search of court records can identify persons subject to such warrant applications.
3Even affording flexibility to a self-represented litigant's pleading, a motion that fails to identify the class of documents sought, the party from whom disclosure is sought, or the legal basis for the court to compel disclosure cannot be accepted and cannot be saved by amendment where the underlying information is simply not held by the court.
