A Not So Special Leave – Mercanti V Mercanti [2017] HCA 1

The High Court has recently dismissed an application for special leave to appeal the Western Australian Court of Appeal's decision in Mercanti v Mercanti [2016] WASCA 206, in respect of a case involving amendments to a family discretionary trust. This brings to an end a series of injunctions, most recently extended in the High Court's first judgment of 2017,  Mercanti v Mercanti [2017] HCA 1, per Kiefel J, as the Chief Justice then was.

The High Court's first decision of the year, Mercanti v Mercanti [2017] HCA 1 provides clarification of the procedure for applying for an extension of interlocutory injunctive relief granted by a state appellate court, pending the determination of an application for special leave. It also provides guidance as to how this interacts with the amendments made to the High Court Rules 2004 last year, which were intended to streamline that process. Notably, the decision: