Jones v Cusack

The applicant, Frank William Dudley Jones, sought an order pursuant to Order 63 rule 6 of the High Court Rules. Mr Jones appeared in person, while Mr A. Robertson appeared for the applicant, instructed by the Australian Government Solicitor. The proceedings concerned a series of applications made by Mr Jones, commencing in January 1985, which involved challenges to various aspects of Australian law and government. These applications included attempts to obtain writs of certiorari against a Justice of the Federal Court, and submissions to various Commonwealth Ministers.

The core legal issues before the Court related to the applicant's arguments concerning the legality of the nomination deposit for political candidacy, alleged conflicts between provisions of the Commonwealth Electoral Act and fundamental legal principles such as the Great Charter and the 1689 Bill of Rights, and the legality of Australia's paper money and banking system, referencing the Currency Act 1965 and the Reserve Bank Act 1959. The applicant contended that certain provisions of the Currency Act prohibited anything other than coin issued under that Act from being presented as legal tender.

The Court was presented with an affidavit from the Registrar detailing the history of the applicant's actions. A key procedural step noted was a direction given on 5 February 1985, requiring the Registrar to refuse to issue process without the leave of a Justice first being obtained. The applicant subsequently applied for an order that leave be granted to issue a writ of certiorari to remove judgments of Mr Justice Spender into the High Court. The applicant's arguments, as outlined in the affidavit, involved re-arguing points of law and raising new legal challenges, including breaches of natural justice and the legality of the currency and banking system.