Re BarrowCitation:[2017] HCA 47Before:Edelman JDate:07 Nov 2017Case Number:M122/2017Read more

The court held that the declaration sought was advisory and did not involve a justiciable matter, and therefore leave to issue or file the document was refused.

Parties: Applicant: Applicant; Respondent: Respondent
Jurisdiction: Australia
Judgment Date: 07 November 2017
Procedural Posture: Constitutional Petition / Judgment
Outcome: Application dismissed
Legal Topics: Leave to File Document, Declaration of Reasonableness, Senatorial Eligibility

Constitutional Law Civil Procedure Leave to File Document Declaration of Reasonableness Senatorial Eligibility

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Parties

Applicant

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

1 Whether the applicant is entitled to a declaration that various steps taken are reasonable to avoid incapacity under section 44(i) of the Constitution
2 Whether the declaration sought involves a justiciable matter

Ratio Decidendi

The court held that the declaration sought was advisory and did not involve a justiciable matter, and therefore leave to issue or file the document was refused.

Court Disposition

Application dismissed

Orders

Leave to issue or file the document is refused