Simmons, In the matter of an application for leave to issue or file [2021] HCATrans 191 (11 November 2021)

Last Updated: 11 November 2021

[2021] HCATrans 191

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Brisbane No B55 of 2021

In the matter of -

an application by SEAN SIMMONS for leave to issue or file

KEANE J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA BY VIDEO CONNECTION TO BRISBANE

ON THURSDAY, 11 NOVEMBER 2021, AT 9.30 AM

Copyright in the High Court of Australia
HIS HONOUR: On 29 September 2021 the applicant sought to file an application for a constitutional writ of prohibition and other relief. On 30 September 2021 Justice Steward directed, pursuant to rule 6.07.2 of the High Court Rules 2004 (Cth) that the Registrar refuse to issue or file a document without the leave of a Justice first had and obtained by the applicant. By an application filed on 7 October 2021 the applicant sought that leave.

For the reasons that I now publish, I would dismiss that application. I direct that those reasons be incorporated into the transcript.

The order is leave to issue and file the proceeding is refused. I publish that order.

The applicant, Mr Simmons, seeks leave to issue or file an application for what is described as a constitutional writ of prohibition directed to numerous respondents seeking to restrain “the Governor‑General, and all Commonwealth officers ... for maintaining any such directions or orders regarding the SARS‑2 novel coronavirus restrictions, vaccination and immunization national program, as also to include all State and Territory officials and health related officials thereby restraining them from any acts or directions or orders in regard to the SARS‑2 novel coronavirus”.

Leave is required by reason of the direction of Steward J on 30 September 2021 under r 6.07.2 of the High Court Rules 2004 (Cth).

The issue said to be presented by the application is described as follows: “Infiltration – ‘fifth column work’ – by ideological consumerist ruse – urging violence against the Sovereign to overthrow the Constitution by genocide, munity [sic] and electoral fraud”. The applicant’s attempt to elaborate his contentions in relation to these issues defies comprehension. If the applicant has an arguable ground for the relief sought, it has not been articulated. The application is frivolous and vexatious.

Leave to issue and file the proceeding is refused.

AT 9.31 AM THE MATTER WAS CONCLUDED