Barrow v Joyce [2019] HCATrans 20 (20 February 2019)

Last Updated: 20 February 2019

[2019] HCATrans 020

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Melbourne No M107 of 2018

B e t w e e n -

DAVID CHARLES BARROW

Plaintiff

and

BARNABY THOMAS GERARD JOYCE

Defendant

GORDON J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON WEDNESDAY, 20 FEBRUARY 2019, AT 9.34 AM

Copyright in the High Court of Australia
HER HONOUR: On 20 July 2018, the plaintiff filed a Writ of Summons claiming relief pursuant to the Common Informers (Parliamentary Disqualifications) Act 1975 (Cth) against the defendant. By summons filed 5 November 2018, supported by an affidavit affirmed by the plaintiff on the same day, the plaintiff made an ex parte application for an order that personal service of the Writ of Summons on the defendant be dispensed with. I would grant that application.

In matter M107 of 2018 the orders of the Court are:

1. The application for substituted service by summons filed 5 November 2018 be heard and determined on the papers and without that summons being served on the defendant.

2. In lieu of personal service of the Writ of Summons filed on 20 July 2018 upon the defendant, there be substituted service by forwarding a copy of the Writ of Summons and this Order, together with a letter explaining the effect of this Order and requesting that, if possible, the proceeding be brought to the notice of the defendant:

(a) by registered mail to the Hon Barnaby Joyce MP, Shop 5, 259 Peel Street, Tamworth, NSW, 2340;

(b) by registered mail to the Hon Barnaby Joyce MP, PO Box 963, Tamworth, NSW, 2340; and

(c) by email to the registered email address.

3. No order as to costs.

I publish those orders.

AT 9.36 AM THE MATTER WAS ADJOURNED