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

Leonard William Clampett applied to the High Court of Australia for leave to issue or file an application for a constitutional or other writ. The application sought to compel a defendant to comply with the Constitution in relation to the federal election held on 18 May 2019.

The legal issue before the Court was whether to grant Mr Clampett leave to file his application. This application was based on the contention that the preferential voting system established by the *Electoral Act 1918* (Cth) is invalid because it is inconsistent with the constitutional requirement for the direct choice of the people's representatives, as contemplated by sections 7 and 24 of the Constitution.

The Court refused the application for leave. It reasoned that, irrespective of the fact that the election had already occurred, rendering the relief sought of little practical utility, Mr Clampett's argument lacked substance and had no support in the text or structure of the Constitution. Consequently, there was no prospect of establishing the contention, and no good reason to grant leave to commence the proposed proceedings.