Re Kavanagh's Application

High Court – Practice and procedure – Leave to issue proceedings – Applicant previously unsuccessful in application for special leave to appeal from State Supreme Court judgment – Applicant propounds for filing in the High Court motion claiming declarations invoking the International Covenant on Civil and Political Rights – Claims right to fair hearing violated in High Court and in State Supreme Court – Relevance of the International Covenant on Civil and Political Rights to Australian domestic law – Relevance in circumstances where the governing law is statutory and admits of no doubt or ambiguity – Whether propositions reasonably arguable.

International law – Relevance to Australian domestic law – International law of human rights – International Covenant on Civil and Political Rights – Status of unincorporated treaty – Influence of Covenant on development of common law and in the resolution of ambiguous legislation – Duty of Australian courts to obey and give effect to clear domestic law applicable to the case – Inadmissibility of process in the High Court seeking declaration and orders based on alleged effect of Covenant.

Constitution – covering cl 5, ss 75(i) and (iv), 76(i).

Judiciary Act 1903 (Cth) – ss 35(1) and (2).

High Court Rules – O 58, r 4(3).