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

Case

[2019] HCATrans 19

No judgment structure available for this case.

[2019] HCATrans 019

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Hobart  No H4 of 2018

In the matter of -

an application by WILLIAM ERIC YABSLEY for leave to issue or file

GORDON J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON WEDNESDAY, 20 FEBRUARY 2019, AT 9.33 AM

Copyright in the High Court of Australia

HER HONOUR: On 30 October 2018, the applicant filed an ex parte application for leave to issue or file what is described as an “election petition”. On 28 August 2018, Nettle J directed that pursuant to rule 6.07.2 of the High Court Rules 2004 (Cth) the application was not to be issued or filed without leave of a Justice first having been obtained by the applicant. That is this application. I would refuse the ex parte application for leave to issue or file the “election petition”. I publish my reasons.

In matter H4 of 2018 the order of the Court is:  the ex parte application for leave to issue or file the “election petition” dated 30 October 2018 is refused. 

I publish that order.

AT 9.34 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Civil Procedure

  • Constitutional Law

Legal Concepts

  • Jurisdiction

  • Standing

  • Procedural Fairness

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