Re Zabalawi's Application [2002] HCA 15

HIGH COURT OF AUSTRALIA

GAUDRON J

IN THE MATTER OF AN APPLICATION BY

ADIL SAFWAN ZABALAWI FOR LEAVE

TO ISSUE A PROCEEDING

Re Zabalawi's Application

[2002] HCA 15

11 April 2002

S297/2001

ORDER

Application refused.

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

1. GAUDRON J. Mr Zabalawi has filed a writ of summons in this Court seeking compensation from the Commonwealth of Australia for pain and suffering because of "unlawful Court Proceedings" and because of "inefficient and negligent handling of this matter by the Minister for Foreign affairs Department". On 13 December 2001, Callinan J directed the Registrar, pursuant to O 58 r 4(3) of the High Court Rules, not to issue the writ without the leave of a Justice of this Court. Mr Zabalawi now seeks that leave. 2. It appears from an affidavit filed and documents provided by Mr Zabalawi that his former wife, who resides in Poland, commenced proceedings in the District Court in Gdansk, Poland with respect to the maintenance of their daughter, who also resides in Poland. The initiating process was served on Mr Zabalawi in Australia pursuant to a Treaty entered into between the United Kingdom and Poland in 1931 and subsequently extended to Australia in 1933. 3. It seems that the rules of the District Court of Gdansk require a person against whom proceedings are brought to provide an address for service in Poland if that person wishes to be informed of further steps in the proceedings. According to the documents provided by Mr Zabalawi, he was unable to provide an address for service in Poland. On this account, he sought the assistance of the Department of Foreign Affairs and, later, his local Member of Parliament who, in due course, referred his concerns to the Attorney-General. 4. The Attorney-General subsequently informed Mr Zabalawi's local Member that the purpose of his former wife's proceedings was to enable her to obtain social security payments which would accrue as a debt against Mr Zabalawi and the non-payment of which would carry "criminal penalties". It seems that such a debt, if any there be, can be enforced against Mr Zabalawi only if he travels to Poland, for example, to visit his daughter. 5. In his affidavit, Mr Zabalawi states that he holds the Department of Foreign Affairs responsible for: