In the matter of an application by Uncle Robbie Thorpe for special leave to appeal [2024] HCASL 315 Edelman and Jagot JJ refused Special Leave to Appeal, stating
The applicant requires an extension of time within which to seek special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of Victoria (McLeish JA), which refused the applicant's application for a direction to a Registrar to accept documents for filing.
The applicant's proposed grounds of appeal have no prospects of success. It would therefore be futile to grant the extension of time that is sought.
In Re Thorpe [2024] VSCA 172 the Supreme Court stated
In October 2023, Uncle Robbie Thorpe (‘the applicant’) sought to file a charge sheet and summons in the Magistrates’ Court of Victoria naming King Charles III as the accused and alleging that he had committed ‘continuing acts of genocide ... against First Peoples’.
The court refused to issue the summons and did not initiate a proceeding. By originating motion filed in the Trial Division on 7 March 2024, the applicant sought judicial review of that decision. A trial was conducted on 19 July 2024 and the matter stands reserved for judgment. After judgment was reserved, the applicant filed two further affidavits affirmed on 22 July 2024. He also sought to file a third affidavit. The judge refused leave in relation to that affidavit, but indicated that an outline of submissions, draft minutes of order and addendum to the authorities relied on which were exhibited to that affidavit would be considered by the judge in deciding the case. On 23 July 2024 the applicant was advised, through the judge’s associate, that the judge considered that the balance of the affidavit did not concern any issue for determination in the proceeding. The decision was not made the subject of any order.
The applicant then sought to file documents in the Registry of the Court of Appeal via RedCrest, including an application for leave to appeal the judge’s decision not to accept the third affidavit. The Registrar rejected the documents for filing. The applicant was advised by email that the Registrar considered that the ruling that he sought to challenge was not a decision from which an appeal could lie to the Court of Appeal. As a result, the Court did not have jurisdiction to consider the proposed application for leave to appeal, and the documents that had been submitted were ‘substantially irregular’.
