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

[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

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

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

CaseChat Overview and Summary

In the High Court of Australia, an unrepresented applicant, Leonard William Clampett, sought leave to file an Application for a Constitutional or other Writ. The intended proceeding was against the Treasurer of the Commonwealth, Joshua Anthony Frydenberg, seeking his removal from the House of Representatives, prohibition from sitting in Parliament due to alleged constitutional ineligibility, and an order compelling payment of moneys under the Common Informers (Parliamentary Disqualifications) Act 1975. This application for leave followed a direction by Gageler J that the writ not be issued or filed without such leave.

The central legal issue before the Court was whether the applicant should be granted leave to file his application. This required the Court to consider the merits of the proposed proceeding, particularly in light of the applicant's allegations concerning Mr Frydenberg's eligibility to sit as a member of Parliament.

The Court dismissed the application for leave. Its reasoning was based on the principle established in *Alley v Gillespie*, a recent High Court decision. The Court held that where a claim concerns the eligibility of a member of Parliament to be chosen or to sit, and this eligibility has not yet been determined by the House of Representatives or referred to the Court under the Commonwealth Electoral Act 1918, such a claim is bound to fail. Consequently, the applicant's application for leave to issue or file his writ was dismissed.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established