Re Barrow

The applicant, an Australian legal practitioner and dual British-Australian citizen, sought leave to issue a writ of summons seeking a declaration from the High Court. The declaration concerned whether various steps he proposed to take would be considered "reasonable" to avoid being rendered incapable of being chosen as a Senator under section 44(i) of the Constitution due to his foreign citizenship. The proposed steps involved renouncing his British citizenship and, if not elected, withdrawing that renunciation.

The legal issues before the Court were whether the applicant's proposed declaration involved a justiciable matter, and whether the Court could grant an advisory opinion on hypothetical future events. The applicant's proposed steps included communicating with the UK Home Department regarding his renunciation of British citizenship, contingent on his intention to nominate as a Senate candidate and the possibility of withdrawing the renunciation if not elected.

Edelman J determined that the application impermissibly sought an advisory opinion, which is not a justiciable matter under Chapter III of the Constitution. His Honour reasoned that a justiciable matter requires an immediate right, duty, or liability to be established, or the prevention or redress of a legal wrong, and cannot be an abstract question of law divorced from a real dispute. The applicant's request was found to be abstracted from any real dispute, lacking a contradictor, and based on hypothetical and unspecified future facts, some of which might never arise.

Consequently, leave to issue or file the proposed writ of summons was refused, and the application was dismissed.