must file an interlocutory application, in accordance with Form 35, that must:
- (a) state, briefly but specifically, each order that is sought; and
- (b) if appropriate, be accompanied by an affidavit.
(2) The party filing the interlocutory application must serve the interlocutory application and any accompanying affidavit on any other party at least 3 days before the date fixed for the hearing.
(3) However, a party may make an oral application for an interlocutory order at a hearing.
- Example: If a party is seeking to have a proceeding dismissed as disclosing no cause of action, the application should be made by interlocutory application.
- Note 1: Interlocutory application is defined in the Dictionary.
- Note 2: File is defined in the Dictionary as meaning file and serve.
- Note 3: On the filing of an interlocutory application, a Registrar will fix the return date and place for hearing and endorse those details on the interlocutory application for service.
23 In the email sent to the applicant on 6 September 2024, the applicant was informed of my view that the allegation of actual bias was a serious matter and that if she wished to seek an order that I disqualify myself on that basis, she should proceed formally by filing an interlocutory application under r 17.01. The applicant was also informed of my view that I did not consider it appropriate that an application for disqualification be advanced informally through email correspondence.
24 Neither the first matter nor the second matter is a manifestation of actual bias on my part. Neither matter justifies the order that the applicant seeks.
THE APPLICATION FOR A STAY
25 The application for a stay is based on the applicant's desire to appeal against Edelman J's order dismissing her application for constitutional or other writs. There is no evidence before me that the applicant has instituted any appeal.
26 I am not satisfied that the applicant's desire to pursue further proceedings in the High Court warrants the granting of any stay. Further, having considered Edelman J's reasons in McGinn v Federal Court of Australia, I am not persuaded that there is any reasonable likelihood that any appeal would succeed.
DISPOSITION
27 For these reasons, each interlocutory application will be dismissed.
