Form 22–Election petition
(rule 30.01)
IN THE HIGH COURT OF AUSTRALIA
SITTING AS THE COURT OF DISPUTED RETURNS
MELBOURNE REGISTRY No. M96 of 2019
BETWEEN: Michael Robert Staindl
Petitioner
and
Joshua Anthony Frydenberg
Respondent
ELECTION PETITION
This petition concerns the election for a member for Kooyong in the State of Victoria for the House of Representatives held on Saturday, 18 May 2019.
RETURN OF WRIT
The writ for the election was returned on 21 June 2019.
ENTITLEMENT TO FILE THIS PETITION
The petitioner is entitled to file this petition because he is a person who was qualified to vote in the disputed election within the meaning of s 355(c) of the Commonwealth Electoral Act 1918.
STATEMENT OF FACTS
The respondent was not eligible to sit in Parliament because of s 44(i) of the Constitution because he is a citizen of the Republic of Hungary.
The respondent’s mother was a citizen of Hungary at the time of her birth pursuant to the law of Hungary. The respondent has declared that his mother was a citizen of Hungary from her birth until 1948.
The respondent’s mother arrived in Australia in 1950 in possession of a valid passport, inferred to be a valid Hungarian passport. This indicates that she continued to be a citizen of Hungary after 1948.
Pursuant to the law of Hungary, all children born to the respondent’s mother are a citizen of Hungary from the time of their birth and in the premise, the respondent is a citizen of Hungary.
RELIEF
The petitioner asks the Court to make the following orders:
- A declaration that the place of the member for Kooyong in the House of Representatives is vacant.
- Appropriate orders for the conduct of a by-election to elect the member for Kooyong in the House of Representatives.
- Costs.
- Such other orders as may be appropriate.
DATED
MICHAEL ROBERT STAINDL
…........................................
Michael Robert Staindl
IN THE PRESENCE OF:
JANET SHELLEY KAYE TRAINOR
.................. .....................
Signed by Witness Signed by Witness
Janet Shelley Kaye Elizabeth Trainor
.................. .....................
Name of Witness Name of Witness
Environmental officer Home duties
.................. .....................
Occupation of Witness Occupation of Witness
16 Frederick St Brunswick VIC 3056 1/20 Docker St Richmond VIC 3121
.................. .....................
Address of Witness Address of Witness
TO:
THE RESPONDENT
695 Burke Road
CAMBERWELL VIC 3124
The petitioner’s address for service is Bleyer Lawyers Pty Ltd, 10/250 Queen Street, Melbourne VIC 3000.