Barrow v Roberts & Ors

This matter came before the High Court of Australia concerning proceedings initiated by Mr D.C. Barrow, acting as the plaintiff and solicitor on the record, against the sixth and seventh defendants. The dispute involved claims brought pursuant to the *Common Informers (Parliamentary Disqualifications) Act 1975* (Cth). The parties had filed written submissions and sought to have consent orders made by the Court.

The primary legal issue before the Court was whether to make consent orders for judgment in favour of the plaintiff against the sixth and seventh defendants in the sum of $200.00 each, with no order as to costs. Mr Barrow, as the plaintiff, sought to make submissions regarding the rationale behind his consent to no costs, referencing the *Common Informers Act* and the uneconomic nature of such proceedings due to unindexed penalties. The sixth and seventh defendants, represented by Mr McBeth, also sought the making of consent orders but raised a potential impact on another listed matter, the "Adler matter," due to section 3(3) of the *Common Informers Act*.

The Court was required to determine the impact of Mr Barrow's submissions on the proposed consent orders, particularly concerning the quantum of the penalty and any potential apportionment, which appeared to differ from the drafted consent orders. After a brief discussion between counsel, Mr McBeth confirmed that Mr Barrow did not resile from the drafted consent orders, which stipulated judgment for $200.00 for each matter and no order as to costs. The Court noted that it expressed no view on whether other issues might have been debatable under section 3 of the *Common Informers (Parliamentary Disqualifications) Act 1975* (Cth).

By consent, the Court ordered judgment to be entered for the plaintiff against the sixth defendant in the sum of $200.00, with no order as to costs. Similarly, by consent, judgment was entered for the plaintiff against the seventh defendant in the sum of $200.00, with no order as to costs. Mr Barrow was then excused.