Harfouche v Gallagher & Anor; Harfouche v Hinch & Anor

Case

[2018] HCATrans 130

No judgment structure available for this case.

[2018] HCATrans 130

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P48 of 2017

B e t w e e n -

JAMES HARFOUCHE

Plaintiff

and

KATY GALLAGHER

First Defendant

AUSTRALIAN LABOR PARTY

Second Defendant

Office of the Registry
  Perth  No P49 of 2017

B e t w e e n -

JAMES HARFOUCHE

Plaintiff

and

DERRYN HINCH

First Defendant

DERRYN HINCH’S JUSTICE PARTY

Second Defendant

GORDON J

TRANSCRIPT OF PROCEEDINGS

FROM MELBOURNE BY VIDEO LINK TO SYDNEY AND BRISBANE

ON WEDNESDAY, 11 JULY 2018, AT 9.32 AM

Copyright in the High Court of Australia

____________________

HER HONOUR:   On 5 September 2017, the plaintiff filed a writ of summons (without a statement of claim) in each of these matters, claiming relief pursuant to the Common Informers (Parliamentary Disqualifications) Act 1975 (Cth) and, in the alternative, pursuant to the Commonwealth Electoral Act 1918 (Cth).

In each matter the plaintiff has failed to comply with the High Court Rules 2004 (Cth). I would set aside each of the plaintiff’s writs of summons. I publish my reasons in each matter.

In matters P48 of 2017 and P49 of 2017, the order of the Court is:

1.The plaintiff’s writ of summons is set aside. 

I publish each of those orders.

AT 9.33 AM THE MATTERS WERE CONCLUDED

Areas of Law

  • Civil Procedure

  • Statutory Interpretation

Legal Concepts

  • Abuse of Process

  • Jurisdiction

  • Standing

  • Stay of Proceedings

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