Alley v Gillespie [2018] HCA 11

HIGH COURT OF AUSTRALIA

KIEFEL CJ, BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJ

PETER ALLEY PLAINTIFF

AND

DAVID GILLESPIE DEFENDANT

Alley v Gillespie [2018] HCA 11 21 March 2018 S190/2017

ORDER

1. The questions referred to the Full Court under s 18 of the Judiciary Act 1903 (Cth) be amended and answered as follows:

Question (1)

Can and should the High Court decide in this proceeding whether the defendant was a person declared by the Constitution to be incapable of sitting as a Member of the House of Representatives for the purposes of section 3 of the Common Informers (Parliamentary Disqualifications) Act 1975 (Cth) ("Common Informers Act")?

Answer

No.

Question (2)

If the answer to question (1) is yes, is it the policy of the law that the High Court should not issue subpoenas in this proceeding directed to a forensic purpose of assisting the plaintiff in his attempt to demonstrate that the defendant was a person declared by the Constitution to be incapable of sitting as a Member of the House of

Representatives for the purposes of section 3 of the Common Informers Act?

Answer

Unnecessary to answer.

2. The plaintiff's proceeding under the Common Informers Act be stayed until the question whether the defendant is incapable of sitting is determined.

Representation

B W Walker SC with J E Mack for the plaintiff (instructed by Maurice Blackburn Lawyers)

G O'L Reynolds SC with D P Hume for the defendant (instructed by Colin Biggers & Paisley Solicitors)

S P Donaghue QC, Solicitor-General of the Commonwealth with C L Lenehan and J D Watson for the Attorney-General of the Commonwealth, intervening (instructed by Australian Government Solicitor)

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

CATCHWORDS

Alley v Gillespie