Clampett, In the matter of an application for leave to issue or file [2019] HCATrans 2 (29 January 2019)

Last Updated: 4 February 2019

[2019] HCATrans 002

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Brisbane No B2 of 2019

In the matter of -

an application by LEONARD WILLIAM CLAMPETT for leave to issue or file

NETTLE J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON TUESDAY, 29 JANUARY 2019, AT 2.32 PM

Copyright in the High Court of Australia

HIS HONOUR: For the reasons that I now publish I dismiss the applicant’s ex parte application filed on 3 January 2019. I direct that the reasons, as published, be incorporated into the transcript. I publish those reasons.

The applicant, who is unrepresented, sought to file an Application for a Constitutional or other Writ in order to commence a proceeding against the Treasurer of the Commonwealth, Joshua Anthony Frydenberg, for Mr Frydenberg’s removal from the House of Representatives; for an order that Mr Frydenberg be prohibited from sitting in the Parliament “whilst he is prevented from doing so by virtue of our Australian Commonwealth Constitution”; and an order to compel Mr Frydenberg to pay to the applicant “all such moneys as are required by section 3 of the Common Informers (Parliamentary Disqualifications) Act 1975 without delay”.

On 17 December 2018, Gageler J directed pursuant to r 6.07.2 of the High Court Rules 2004 (Cth) that the applicant’s Application for a Constitutional or other Writ not be issued or filed without the leave of a Justice being obtained by the applicant. On 3 January 2019, the applicant made an ex parte application seeking leave to issue or file the Application for a Constitutional or other Writ.

Inasmuch as the applicant’s claim is for relief against a member of Parliament who the applicant alleges was not eligible to be chosen or sit as such, but whose eligibility to be chosen and sit as such has not been determined by the House of Representatives or referred to this Court for determination pursuant to Div 2 of Pt XXII of the Commonwealth Electoral Act 1918 (Cth), the claim would be bound to fail according to this Court’s recent decision in Alley v Gillespie^[1].

Accordingly, the application for leave to issue or file the Application for a Constitutional or other Writ is dismissed.

The Court now stands adjourned.

AT 2.32 PM THE MATTER WAS CONCLUDED

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^[1] (2018) 92 ALJR 373; 353 ALR 1; [2018] HCA 11.