Harfouche v Gallagher & Anor; Harfouche v Hinch & Anor
[2018] HCATrans 130
[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
Key Legal Topics
Areas of Law
-
Civil Procedure
-
Statutory Interpretation
Legal Concepts
-
Abuse of Process
-
Jurisdiction
-
Standing
-
Stay of Proceedings
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