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AI Overview

"Special Leave to Appeal" by David O'Brien is a comprehensive guide to the law and practice of applying for special leave to appeal to the High Court of Australia. Here is a detailed overview of the book:

Key Themes

  1. Historical Development: The book provides a historical perspective on the discretionary power of the High Court to grant special leave, making it an invaluable resource for understanding the evolution of this legal concept.
  2. Legal Practice: It offers practical guidance on the making and conduct of special leave applications, including the criteria for granting special leave in both civil and criminal cases.
  3. Procedure: The book covers civil and criminal procedure related to special leave applications, providing a thorough understanding of the legal processes involved.
  4. Persuasive Submissions: A final chapter focuses on presenting persuasive submissions, which is crucial for those involved in special leave applications.

Plot Summary

The book does not have a traditional narrative plot but rather a structured approach to explaining the law and practice surrounding special leave to appeal. It includes:

  • Over 2000 Decisions: The book references over 2000 decisions and relevant statutory provisions, making it an exhaustive resource for those preparing or responding to special leave applications.
  • Criteria for Granting Special Leave: It outlines the necessary conditions for obtaining special leave, including the need to establish an error in the lower court’s judgment and a special feature that warrants the High Court’s attention.
  • Statutory Provisions: The book incorporates the significant 2016 amendments to Part 41 of the High Court Rules 2004 (Cth), which have changed the determination process to be primarily on the papers without an oral hearing.

Critical Reception

The book has received positive reviews from legal practitioners and scholars:

  • Foreword by David Jackson AM QC: The third edition has been praised by David Jackson AM QC, who notes that the book provides very useful practical guidance and is a substantial historical work.
  • Essential Resource: It is described as an essential work for anyone participating in an application for special leave to appeal to the High Court of Australia, highlighting its comprehensive nature and value to legal practitioners.

Overall, "Special Leave to Appeal" by David O'Brien is a definitive guide for those involved in the complex process of seeking special leave to appeal to the High Court of Australia. Its historical perspective, practical guidance, and comprehensive coverage make it an invaluable resource in the field of Australian law.