High Court practice – Bail - Power of High Court to grant bail as incident of application to invoke appellate jurisdiction - Application made prior to grant of special leave to appeal from orders of the Federal Court of Australia convicting the applicant and imposing order of imprisonment for contempt of court - Exhaustion of remedies in Federal Court both in respect of appeal against substantive orders and refusal of bail by that Court - Whether refusal by High Court to grant bail would render proceedings in High Court nugatory or lacking in utility - Whether special or exceptional circumstances shown - Estimate of prospect of success in application for special leave - Bail refused - Hearing of application for special leave expedited.
Words and phrases – "special circumstances", "exceptional circumstances".
Judgment date
Case number
M45/2008
Before
Kirby J
Catchwords