In the Matter of An Application for Leave to Appeal BY Bevan Alan Mowen

[2012] HCASL 180

IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPEAL BY BEVAN ALAN MOWEN

[2012] HCASL 180
B41/2012

1. The applicant contends that s 163 of the Commonwealth Electoral Act 1918 (Cth) is inconsistent with s 34 of the Constitution. On 13 February 2012, he presented for filing at the Brisbane office of the Registry of the High Court an order to show cause seeking mandamus against the Governor-General of Australia, apparently to compel a dissolution of the Parliament. On 23 February 2012, Heydon J, pursuant to r 6.07 of the High Court Rules 2004, directed the Registrar to refuse to issue this process without the leave of a Justice first had and obtained. On 24 April 2012, Bell J refused leave.

2. The applicant seeks leave to appeal from that refusal of leave.  He requires an extension of time to do so.  The extension of time should be granted but the application for leave should be dismissed.  The decision of Bell J was undoubtedly correct.  An appeal would have no prospect of success.

3. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
12 December 2012 S.J. Gageler