Simmons, In the matter of an application for leave to issue or file

Sean Simmons applied to the High Court of Australia for leave to issue or file an application for a constitutional writ of prohibition. The proposed application sought to restrain the Governor-General, Commonwealth officers, and State and Territory officials from maintaining directions or orders concerning SARS-CoV-2 restrictions, vaccination, and immunization programs. Leave was required due to a direction by Justice Steward under rule 6.07.2 of the High Court Rules 2004 (Cth), which stipulated that the Registrar could not issue or file the document without a Justice's leave.

The court was required to determine whether to grant Mr. Simmons leave to issue or file his application. This involved assessing whether the proposed application presented an arguable ground for the relief sought, particularly in light of the applicant's description of the issue as "Infiltration – ‘fifth column work’ – by ideological consumerist ruse – urging violence against the Sovereign to overthrow the Constitution by genocide, munity [sic] and electoral fraud."

The court reasoned that the applicant's attempt to articulate his contentions was incomprehensible and that he had not articulated any arguable ground for the relief sought. Consequently, the court found the application to be frivolous and vexatious. The court ordered that leave to issue and file the proceeding be refused.