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-----------------------------------------------------------REASON FOR JUDGMENT -----------------------------------------------------------Judgment delivered at Canberra On 05 March 2003 ------------------------------------------------------------Matter No M32/2003 IN THE MATTER OF AN APPLICATION BY GERRIT HENDRIK SCHOREL-HLAVKA FOR LEAVE TO ISSUE A PROCEEDING ORDER Leave to issue process refused. Matter No M32/2003 IN THE MATTER OF AN APPLICATION BY GERRIT HENDRIK SCHOREL-HLAVKA FOR LEAVE TO ISSUE A PROCEEDING REASON FOR DECISION Matter No M32/2003 IN THE MATTER OF AN APPLICATION BY GERRIT HENDRIK SCHOREL-HLAVKA FOR LEAVE TO ISSUE A PROCEEDING Order 58 r 4(3) of the High Court Rules make provisions with respect to applications which appear to a Registrar on their face to be an abuse of the process of the Court or to be frivolous or a vexatious application; in such a case, the Registrar is obliged to seek the direction of a Justice and the justice may direct the Registrar to refuse to issue the application without the leave of a Justice first had and obtained by a party seeking to issue it. On 19 February 2003, a justice of this Court made an order
This document was reproduced from INSPECTOR-RIKATI & There is no Government to go to war, A book on CD About Legal Issues Confronting Australia (0-9580569-5-1 to 1-1-2007) ISBN 978-0-9580569-5-3 p1 22-3-2014
GUMMOW J
under O 58 r 4(3) in respect of an application for an order nisi by Gerrit Hendrik Schorel-Hlavka. The draft process seeks relief against a range of officers of the Commonwealth, including the Prime Minister, the Minister for Defence, and the minister for immigration and Multicultural and Indigenous Affairs. The proposed process is so seriously defective in its entirety, both as to matters of form and substance, that the necessary leave under O 58 r 4(3) must be Refused. Accordingly, the application is refused.
This document was reproduced from INSPECTOR-RIKATI & There is no Government to go to war, A book on CD About Legal Issues Confronting Australia (0-9580569-5-1 to 1-1-2007) ISBN 978-0-9580569-5-3 p2 22-3-2014