Clampett, In the matter of an application for leave to issue or file

[2019] HCATrans 154

[2019] HCATrans 154

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B30 of 2019

In the matter of -

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

KEANE J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 14 AUGUST 2019, AT 9.37 AM

Copyright in the High Court of Australia

HIS HONOUR:   On 4 June 2019, the applicant filed an application for leave to issue or file an application for a constitutional or other writ.  For the reasons that I now publish, I would refuse the application for leave.  I direct that those reasons be incorporated into the transcript.

The order is:

1.        The application for leave is refused.

I publish that order.

On 2 May 2019, Bell J directed pursuant to r 6.07.2 of the High Court Rules 2004 (Cth) that the Registrar refuse to issue or file an application for a constitutional or other writ presented for filing by Mr Clampett requiring the defendant to comply with the Constitution in relation to the federal election to be held on 18 May 2019, without the leave of a Justice first had and obtained by him.  On 4 June 2019, Mr Clampett filed an application for leave to issue an application in that regard.  The basis for the relief sought by the application is that the system of preferential voting established by the Electoral Act 1918 (Cth) is invalid because it is inconsistent with the direct choice of the people’s representatives contemplated by ss 7 and 24 of the Constitution.

Quite apart from the circumstance that the election has been held, and there is therefore little utility in granting the relief sought by Mr Clampett, the point Mr Clampett seeks to advance is without substance:  Mr Clampett’s argument has no support in the text or structure of the Constitution. 

There is no prospect of establishing the contention that Mr Clampett seeks to advance.  There is no good reason to warrant the granting of leave to commence the foreshadowed proceedings.  Mr Clampett’s application for leave is therefore refused.

AT 9.37 AM THE MATTER WAS CONCLUDED