Party convicted for incitement under state's Crimes Act
Australia’s High Court refused to grant permission for the applicant to issue a writ of summons against the Magistrates’ Court of Victoria, the Supreme Court of Victoria, and the Court of Appeal of the Supreme Court of Victoria.
In the matter of an application by Zhanyu Zhong for leave to issue or file, [2025] HCASJ 38, the applicant received a conviction for incitement to murder under s 321G of the Crimes Act 1958 (Vic), following a jury trial in 2001. The applicant wanted to challenge his conviction.
Twice, the applicant unsuccessfully asked for leave to appeal to the Court of Appeal of the Supreme Court of Victoria. With Victoria’s attorney-general, the applicant unsuccessfully filed multiple petitions for mercy in connection with his conviction, then sought judicial review. After these unsuccessful filings, the applicant sought special leave to appeal to the High Court.
The applicant unsuccessfully sought to file a writ of summons concerning his conviction. Authorities released the applicant from custody in 2004.
On or about 11 August 2025, the applicant wanted to file a writ of summons addressed to the following proposed defendants: the Victoria Police, Victoria’s public prosecutions director, Victoria’s attorney‑general, and the courts.
The writ requested relief such as:
The applicant alleged:
On 14 August 2025, Steward J ordered the High Court registrar to refuse to issue or file the writ without a justice’s leave.
On or about 15 September 2025, the applicant filed an ex parte application seeking leave to issue or file the writ dated 11 August 2025.
Justice Robert Beech-Jones of the High Court of Australia dismissed the applicant’s ex parte application for leave to issue or file the writ of summons without an oral hearing.
The High Court made the following findings:
The High Court held that the writ included largely unparticularised assertions of wrongful conduct on the part of various persons or entities, some of whom were proposed defendants, and claimed breaches of laws and treaties without any rational explanation.