Ex parte Van Haeff
Case
•
[1989] HCATrans 141
Details
AGLC
Case
Decision Date
Ex parte Van Haeff [1989] HCATrans 141
[1989] HCATrans 141
CaseChat Overview and Summary
This matter concerned an ex parte application by Robert William Franklin van Haeff before the High Court of Australia. Mr van Haeff sought to file additional affidavit material and exhibits, which he contended superseded previous documents filed with the court. The core of his application was to request a call-over date for a hearing to allow him to apply to the Full High Court.
The legal issues before the court were whether to permit the filing of the new affidavit and exhibits, and consequently, to fix a date for a special case to be heard by the Full High Court. Mr van Haeff's stated purpose for this special case was to determine the constitutionality and legality of various public officials, including the Chief Justice of the High Court, the Governor-General, the Governor of Queensland, and the Principal Registrar. He asserted that these individuals had failed to provide sworn declarations proving their identities and legal standing.
The court, represented by His Honour, indicated that it had reviewed some of the material but not all of it, particularly that forwarded on the preceding Friday. Mr van Haeff explained that his new affidavit and exhibits were intended to clarify his application, which he analogised to a "voir dire" in lower courts. He specifically sought to demonstrate that the Governor-General had not been legally appointed according to a Queen's statutory declaration. The court acknowledged understanding the request for a call-over date but sought further clarification on the meaning of Mr van Haeff's assertions regarding constitutionality.
The legal issues before the court were whether to permit the filing of the new affidavit and exhibits, and consequently, to fix a date for a special case to be heard by the Full High Court. Mr van Haeff's stated purpose for this special case was to determine the constitutionality and legality of various public officials, including the Chief Justice of the High Court, the Governor-General, the Governor of Queensland, and the Principal Registrar. He asserted that these individuals had failed to provide sworn declarations proving their identities and legal standing.
The court, represented by His Honour, indicated that it had reviewed some of the material but not all of it, particularly that forwarded on the preceding Friday. Mr van Haeff explained that his new affidavit and exhibits were intended to clarify his application, which he analogised to a "voir dire" in lower courts. He specifically sought to demonstrate that the Governor-General had not been legally appointed according to a Queen's statutory declaration. The court acknowledged understanding the request for a call-over date but sought further clarification on the meaning of Mr van Haeff's assertions regarding constitutionality.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
-
Constitutional Law
Legal Concepts
-
Jurisdiction
-
Standing
-
Procedural Fairness
-
Judicial Review
Actions
Download as PDF
Download as Word Document
Citations
Ex parte Van Haeff [1989] HCATrans 141
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0