Litigants and Legal Representatives: A Study of Special Leave Applications in the High Court of Australia.

Stewart, P; Stuhmcke, A

Litigants and Legal Representatives: A Study of Special Leave Applications in the High Court of Australia.

Stewart, P

Stuhmcke, A

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Publisher:: Sydney Law School
Publication Type:: Journal Article
Citation:: Sydney Law Review, 2019, 41 (1), pp. 35 - 71
Issue Date:: 2019-04

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Field	Value	Language
dc.contributor.author	Stewart, P https://orcid.org/0000-0003-4350-878X	en_US
dc.contributor.author	Stuhmcke, A https://orcid.org/0000-0002-3679-7301	en_US
dc.date.issued	2019-04	en_US
dc.identifier.citation	Sydney Law Review, 2019, 41 (1), pp. 35 - 71	en_US
dc.identifier.issn	0082-0512	en_US
dc.identifier.uri	http://hdl.handle.net/10453/132577
dc.description.abstract	This article presents the findings of the first systematic and comprehensive study to probe a substantial tranche of applications for special leave to appeal to the High Court of Australia. Special leave to appeal is discretionary and a case must satisfy the public interest test in s 35A of the Judiciary Act 1903 (Cth) to be granted leave to appeal. This article presents findings as to the characteristics of the litigants and legal representatives involved in special leave applications. The data reveals high numbers of self-represented applicants and low numbers of legally aided applicants, as well as disproportionate success rates for those litigants who enjoy an advantage because of greater resources and litigation experience. The study also highlights a striking lack of diversity in both applicants and lawyers appearing in special leave applications. These are all matters that are outside the control of the High Court and that have an effect on the nature and flow of the Court’s appellate work. The study demonstrates that a High Court appeal is, in many cases, restricted to well-resourced litigants and that there are significant access to justice issues for self-represented litigants due to the limited availability of legal aid.	en_US
dc.publisher	Sydney Law School	en_US
dc.relation.ispartof	Sydney Law Review	en_US
dc.title	Litigants and Legal Representatives: A Study of Special Leave Applications in the High Court of Australia.	en_US
dc.type	Journal Article
utslib.citation.volume	1	en_US
utslib.citation.volume	41	en_US
utslib.location.activity	Australia	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
pubs.organisational-group	/University of Technology Sydney/Strength - HJ - Health Justice
utslib.copyright.status	open_access
pubs.consider-herdc	true	en_US
pubs.issue	1	en_US
pubs.volume	41	en_US

Abstract:

This article presents the findings of the first systematic and comprehensive study to probe a substantial tranche of applications for special leave to appeal to the High Court of Australia. Special leave to appeal is discretionary and a case must satisfy the public interest test in s 35A of the Judiciary Act 1903 (Cth) to be granted leave to appeal. This article presents findings as to the characteristics of the litigants and legal representatives involved in special leave applications. The data reveals high numbers of self-represented applicants and low numbers of legally aided applicants, as well as disproportionate success rates for those litigants who enjoy an advantage because of greater resources and litigation experience. The study also highlights a striking lack of diversity in both applicants and lawyers appearing in special leave applications. These are all matters that are outside the control of the High Court and that have an effect on the nature and flow of the Court’s appellate work. The study demonstrates that a High Court appeal is, in many cases, restricted to well-resourced litigants and that there are significant access to justice issues for self-represented litigants due to the limited availability of legal aid.

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http://hdl.handle.net/10453/132577