1

IN THE HIGH COURT OF AUSTRALIA MELBOURNE OFFICE OF THE REGISTRY

No. M

of 2003

ON THE MATTER of an Application for Writs of Prohibition and Certiorari and Mandamus against: RE; PRIME MINISTER OF AUSTRALIA, MR JOHN HOWARD 1ST RESPONDENT RE; MINISTER FOR DEFENCE SENATOR ROBERT HILL 2ND RESPONDENT RE; MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS MR PHILIP RUDDOCK 3RD RESPONDENT RE; AUSTRALIAN ELECTORAL COMMISSIONER MR ANDREW BECKER 4TH RESPONDENT EX PARTE: GERRIT HENDRIK SCHOREL-HLAVKA APPLICANT (PROSECUTOR)

CHRONOLOGY

Justice : N/A DATE and PLACE of hearing; N/A Date of orders ; N/A Where made ; N/A

Appearances

; GERRIT HENDRIK SCHOREL-HLAVKA For the Applicant ; For the Respondent

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This affidavit was filed by the Applicant GERRIT HENDRIK SCHOREL-HLAVKA Of: 107 Graham Road, Rosanna, In the State of Victoria, 3084 Phone number: 03 9457 7209 1960 Clayton v Heffron (1960) 105 CLR 214. High Court of Australia the process prescribed must be followed. Watson v Lee (1979) 144 CLR 374 Re; Publication Gazette Federal Parliament reduces shall not be less than 11 days to shall not be less than 10 days for House of Representatives closure of nominations and for Senate polls closure of nominations held for the NT and Act. Victoria, Tasmania, South Australia, and Western Australia however all maintain, shall not be less than 11 days for Senate elections of closure of nominations, upon argument of AEC it needs more time to check increase of signatures, it proposed itself. Increase number of signatures for nominations for independents from 6 to 50. Increase of deposit for all candidates. Sue v Hill(1999) HCA 30 and not otherwise Australian Electoral Commission maintains to publish false and misleading details as to how election time table is applicable, both on the Internet and otherwise, also causes the printing of incorrect Candidate Handbooks as to contain deceptive details such as which State laws are applicable in regard of Senate elections. The Gazette is ongoing and continues to be published in a manner of any disorganisation and so hundreds if not thousands of enactments, legal notices, regulations, etc, are all invalid due to being published beyond the date they were to come into force. There appear to be no proper procedure to exist to ensure that any Gazette is published on the date shown on the face of the Gazette in all States and Territories are actually published on that day. Neither appears some Gazette even being published on the date shown on the face of the Gazette in Canberra either on that date. No proper record keeping seems to exist as to the times relevant to ordering, complete printing and delivery of Gazettes either preventing any check back to verify the validity of any publication. Governor-General signs 5 October 2001 dated Proclamation for Prorogue of the Parliament on 8 October 2001 at 11.59 am and dissolution of the House of Representatives on 8 October 2001 at 12 noon. Proclamation not valid until Published in Gazette. Australian Electoral Commission receives press release to prepare DRAFT writs for the Governor-General. The press release contains

1979

1998

23 June 1999 2001

2001

5 October 2001

5 October 2001

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the dates in regard of the election time table. The AEC doesnt check the relevant dates, if applicable according to legislative provisions. 5 October 2001 The Prime Minister (His Office) notifies the Governors about the election time table. It appears no one bothered to check State legislation governing Senate elections if the time table is relevant to Senate elections to be followed. Special Gazette S421, containing the Proclamation to Prorogue the Parliament and to dissolve the House of Representatives, ought to have been published, to formally give effect to the 5 October 2001 signed Proclamation, but not so published in Canberra, neither in all or any State or Territory. Defective Writs issue by Governor-General House of Representatives Defective Writs issue by Governor-General Senate ACT & NT. Defective Writ issue by Governor New South Wales Senate election. Defective Writ issue by Governor Victoria Defective Writ issue by Governor Tasmania Defective Writ issue by Governor South Australia Defective Writ issue by Governor Western Australia Defective Writ issue by Governor Queensland No actual publication of any kind of the Writs issued for the House of Representatives, and the Senate elections in regard of the Territories! Albeit calculation of shall not be less than days still calculated as if Writs were actually published. Due to the failure of publishing the Proclamation of the Prorogue of the Parliament and the Dissolving of the House of Representatives, there was no true vacancy of any seats. As such, even if writs were issued on 8 October 2001 and actually published (this is contested) then the writs would be defective and null and void, as they can only be issued AFTER a vacancy exist! Advise AEC (Australian Electoral Commission) change of address of elector G. H. SCHOREL-HLAVKA to House of Representatives seat of Jagajaga. CanPrint transfer Special Gazette S421 to Commonwealth Government Info Shops by using assignment noted dated 9 October 2001. Assignment arrive however at different dates in the different States, such as in Perth not until 15 October 2001, this also as the Despatch date shown on the consignment note is false, as the document is not printed (in regard of Perth, for example), until 10 October 2001. Publication Special Gazette S421 Canberra, ACT of Proclamation to Prorogue the Parliament on 8 October 2001 and to dissolve the House of Representatives on 8 October 2001. Publication Special Gazette S421 in Melbourne, Victoria of Proclamation to Prorogue the Parliament on 8 October 2001 and to dissolve the House of Representatives on 8 October 2001. Government Notices Gazette GN40 published. S421 not included.

8 October 2001

8 October 2001

8 October 2001

8 October 2001

9 October 2001

9 October 2001

9 October 2001

10 October 2001

10 October 2001

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11 October 2001

11 October 2001

Advise AEC (Australian Electoral Commission) change of address of elector O. A. M. HLAVKA- SCHOREL to House of Representatives seat of Jagajaga. Publication Special Gazette S421 in Adelaide, South Australia of Proclamation to Prorogue the Parliament on 8 October 2001 and to dissolve the House of Representatives on 8 October 2001. Publication Special Gazette S421 in Townsville, Queensland of Proclamation to Prorogue the Parliament on 8 October 2001 and to dissolve the House of Representatives on 8 October 2001. AEC offices closed to obtain material. AEC offices closed to obtain material. Closure of Rolls Publication Special Gazette S421 in Perth, Western, Australia of Proclamation to Prorogue the Parliament on 8 October 2001 and to dissolve the House of Representatives on 8 October 2001. AEC refuses to accept G. H. SCHOREL-HLAVKA nomination for the seat of Jagajaga (House of Representatives) in view of 42 of the 87 signatures not held to be acceptable signatures. Insufficient signatures. Publication Government Notices Gazette GN41, which includes Special Gazette S421, in Canberra, ACT, of Proclamation to Prorogue the Parliament on 8 October 2001 and to dissolve the House of Representatives on 8 October 2001. AEC accept nomination of G. H. SCHOREL-HLAVKA for the seat of Jagajaga (House of Representatives) in view that of the 100 signatures 54 are acceptable (50 required). AEC provides G. H. SCHOREL-HLAVKA, being a candidate for Jagajaga, with a booklet Electoral Pocket Book and also CANDIDATES HANDBOOK which both later are found to contain false and misleading information as to the application of relevant legal provisions, as such is misleading candidates to their true legal rights. Government Notices Gazette GN41 published, with attached Special Gazette S421 Publication Government Notices Gazette GN41, which includes Special Gazette S421, in Adelaide, South Australia of Proclamation to Prorogue the Parliament on 8 October 2001 and to dissolve the House of Representatives on 8 October 2001. Publication Government Notices Gazette GN41, which includes Special Gazette S421, in Melbourne, Victoria of Proclamation to Prorogue the Parliament on 8 October 2001 and to dissolve the House of Representatives on 8 October 2001.

12 October 2001

13 October 2001 14 October 2001 15 October 2001 15 October 2001

16 October 2001

17 October 2001

17 October 2001

17 October 2001

18 October 2001 18 October 2001

18 October 2001

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18 October 2001

18 October 2001 18 October 2001 18 October 2001

18 October 2001

Publication Government Notices Gazette GN41, which includes Special Gazette S421, in Parramatta of Proclamation to Prorogue the Parliament on 8 October 2001 and to dissolve the House of Representatives on 8 October 2001. Closure of Nominations by AEC, on 9th day after issue of writs. AEC refuses various prospective candidates to nominate for Senate, claiming to late after 12 noon. AEC refuses Mrs HEIDI HOLZ to obtain 1 more signature for Senate nomination (Victoria) upon basis that 12 noon nomination closure, despite Victorian Senate election legislation provides for 11 days for nominations, as such ample of time another 48 hours for nominations to be filed. AEC refuses EDWARD (NED) KELLY to pay for Senate nomination (NSW) for the nominations already faxed by the Divisional Returning Officer upon basis that 12 noon nomination closure, and payment offered in cash being 10 minutes too late, after DRO refused cash payment earlier at about 10, 30 am upon the basis that the payment had to be made to the AEC in Sydney, despite another 24 hours being by law entitled. Publication Government Notices Gazette GN41, which includes Special Gazette S421, in Brisbane, Queensland of Proclamation to Prorogue the Parliament on 8 October 2001 and to dissolve the House of Representatives on 8 October 2001. Declaration of Candidates by AEC. SIEVX lost at sea. 353 people drown. of which 146 children. Australia fails to comply with international obligation to mount a rescue. Candidate G. H. SCHOREL-HLAVKA (INDEPENDENT) discovers that closure of Nominations ought to have been on 19 October 2001 for the House of Representatives, and as such forwards by E-mail to the AEC, the Prime Minister Mr John Howard, Kim Beazley (ALP) and others an E-mail making known incorrect closure of nominations. Automatic response from the office of the prime Minister received Email. Publication Government Notices Gazette GN41, which includes Special Gazette S421, in Hobart, Tasmania of Proclamation to Prorogue the Parliament on 8 October 2001 and to dissolve the House of Representatives on 8 October 2001. Publication Government Notices Gazette GN41, which includes Special Gazette S421, in Perth, Western Australia of Proclamation to Prorogue the Parliament on 8 October 2001 and to dissolve the House of Representatives on 8 October 2001. Office of Natasha Stott-Despoja, Leader of the Australian Democrats send a reply e-mail advising to place matters before AEC.

19 October 2001

19 October 2001 19 October 2001

20 October 2001

20 October 2001

22 October 2001

22 October 2001

22 October 2001

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23 October 2001

Publication Government Notices Gazette GN41, which includes Special Gazette S421, in Townsville, Queensland of Proclamation to Prorogue the Parliament on 8 October 2001 and to dissolve the House of Representatives on 8 October 2001. Forward e-mail received from Australian Democrats to AEC. Kathy Mitchell for AEC response that if sought injunction then an application be made before the Federal Court of Australia within Section 383(1). Claims always done this way and no one ever disputed it before. G. H. SCHOREL-HLAVKA by faxed letter, request AEC as to explain how it calculates shall not be less than 10 days rather than to cause litigation but AEC refuses to do so. G. H. SCHOREL-HLAVKA by e-mail, request AEC as to explain how it calculates shall not be less than 10 days rather than to cause litigation but AEC refuses to do so. Facsimile AEC advising will not challenge validity of writs, as requested by G. H. SCHOREL-HLAVKA. G. H. SCHOREL-HLAVKA faxed letter inviting AEC to join in litigation before the Federal Court of Australia against the validity of the writs, this was not responded upon by the AEC. Requesting (by facsimile) Kathy Mitchell Director legal Division AEC to clarify matters in regard of Section 353(1), not wanting to file incorrect application. No response received. Registrar of the Federal Court of Australia, at Melbourne, advised has no Form 4 available, must design own format from existing Form 4 but must leave wording of INQUIRY on the form. Filing of Application for Injunction, in the Federal Court of Australia. Registrar indicates to wait for ex parte hearing. Ex Parte hearing before Finkelstein J, Federal Court of Australia, allowed to proceed with the case and directed to amend application to include Orders Sought and serve documents same day if possible. Case adjourned until 7 November 2001. Documents served being Form 4 and Supportive affidavit sworn 2 November 2001. Filed and served MENDED Form 4 with supporting affidavit sworn 5 November 2001. Filed Affidavit sworn 6 November 2001. Hearing before Marshall J, Federal Court of Australia. Australian Government Solicitors now provide their material, at commencement of hearing, disputing jurisdiction of the Federal Court. AGS making

24 October 2001 25 October 2001

27 October 2001

30 October 2001

30 October 2001

1 November 2001

1 November 2001

1 November 2001

2 November 2001

5 November 2001

6 November 2001 7 November 2001

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7 November 2001

false and misleading submissions and withholding relevant material from the Court causing to pervert the course of justice and a miscarriage of justice. Letter faxed (via the office of the Governor-General) requesting HM Queen Elizabeth II for removal of Governor-General, for having acted in breach of coronation pledge and Australian legal provisions etc Letter faxed to Governor-General requesting withdraw defective writs and request Governors to do the same, and re-issue writs in appropriate manner. Purported elections held. AEC marks of both elections with one mark rather then 2 separate marks, by this recording as if only on poll held. G. H. SCHOREL-HLAVKA refuses to vote upon basis purported election unconstitutional. (Wakim 1997 doesnt have to comply with unconstitutional orders) Faxed letter requesting various matters to be clarified as to ensure any appeal filed will be on correct details. AEC refuses to provide details. Faxing letter requesting the same of letter 18 November 2001 but now within Freedom of Information Act. Upon this later AEC give part response to request by way of 10 December 2001 letter. File and serve Notice of Appeal M 114 of 2001, High Court of Australia. Faxed letter to Kathy Mitchell (AEC), ought not proceed with declarations in view writs illegal. Faxed letter to Kathy Mitchell seeking to clarify matters as to legal issues between the parties, no response received. Faxed letter to Stephen Lucas, Senior Australian government solicitors to maintain STATUS QUO until appeal heard. No response received. Request Kathy Mitchell for the AEC to fully investigate matters, including the alleged conduct of the Australian government solicitors to pervert the course of justice on 7 November 2001 by allegedly withholding relevant material from the Federal Court and to make false and misleading submissions. No response received upon this. Request information when Special Gazette S421 was actually published. Refresh FOI 4-12-2001 request. First of various FREEDOM OF INFORMATION ACT request made. Repeat FREEDOM OF INFORMATION ACT request made.

8 November 2001

10 November 2001

10 November 2001

18 November 2001

21 November 2001

22 November 2001 22 November 2001 22 November 2001 22 November 2001

2 December 2001

4 December 2001

21 December 2001

28 December 2001

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7 December 2001

Faxed letter to Australian Government Solicitors, to consent for the AGS to seek an appeal out of time, against Marshall J 7 November 2001 orders, upon the ground that the AGS had misled the Court. Also advises about too late publications of Proclamations of Special Gazette S421. No response received upon this letter. Facsimile from Australian Government Solicitors disputing High Court legal jurisdiction to hear appeal. Letter faxed to AEC, indicating seeking ROYAL COMMISSION. Letter faxed to AGS re 7 November 2001 letter and not having received any response for the AGS to notify Federal Court having been misled by the AGS. Received 10 December 2001 response from AGS upon FREEDOM OF INFORMATION request. Served upon All Attorney-Generals copies of Notice of Appeal M 114 of 2001 and all material filed in the Federal Court as V1145 of 2001. Faxed letter re clarifications of FOI material etc. No response received. Faxed letter re further clarifications of FOI material etc. No response received. Letter to Electoral Commissioner seeking clarifications about matters in dispute. No response received. DCITA (Department of Communications Information Technology and Arts) refused to accept FOI request claiming must identify documents. However, later, accept the same request but then dated 21-6-2002 as being appropriate. David Smith, Principal legal officer makes claims about publication of Special Gazette S421 (Proclamation for Prorogue the Parliament and the dissolution of the House of Representatives), but refuses subsequently to provide supportive evidence. Repeat FOI request of 21-12-2001, etc. Part response to 21 December 2001 FOI request. Further FOI request. Australian Government solicitors claim not having acted for governors, and not to have been able to obtain instructions of the governorGeneral for the 7 November 2001 proceedings. Appearance before JSCEM (Joint Select committee on electoral matters)

7 December 2001

10 December 2001 10 December 2001

11 December 2001 11 December 2001

15 December 2001 17 December 2001

18 December 2001

29 January 2002

6 February 2002

21 June 26 July 30 July 9 August

2002 2002 2002 2002

12 August

2002

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4 November 2001

Attorney General claims through the Department of Justice. Australian citizenship requires one to vote in Federal elections and in State/Territory elections one reside. Attorney General (Victoria) through Department of Justice claims State citizenship does not exist! Proceedings Magistrates Court at Heidelberg, re not voting. S78B NOTICE OF CONSTITUTIONAL MATTER. Case adjourned pending High Court of Australia decision. Re various electoral issues. Judith McGoillivray BA JBB for the Commonwealth states that there is MERITS in the Appeal M114 of 2001 Refugee/asylum seeker Fatima Erfani (Age 28) died on Sunday 19 January 2003 at 10.30 am at Sir Charles Gairdner Hospital in Western Australia, amid claims she had been denied appropriate medical treatment. She had been one of the persons kept for 11 days on board of on an unseaworthy boat known as SIEV 4 at Ashmore Reef, during the election campaign for the purported 10 November 2001 Federal election with her 3 children in appalling and inhumane condition on orders of the then Care Taking Government by Australian military forces. Attended to the High Court of Australia to file case for Orders Nisi to stop any military build up of Armed forces against Iraq (withdrawal), release of refugees/asylum seekers, etc. Deputy Registrar advises that there is no judge available to hear case until the following week. All sitting in Sydney. New judge is being sworn in for the High Court of Australia, all judges in Sydney for a party. Mr John Howard declares he can still withdraw Australian troops. Deputy Registrar of the High Court of Australia advises DRAFT ORDER NISI not in compliance to the Rules of the Court, not acceptable for filing. Media reports US Senate finds insufficient preparation to deal with humanitarian issues, as to follow up any invasion into Iraq. Chief Weapon Inspector Hans Brix reports to United Nations that there is no evidence Iraq has weapons of mass destruction. Mr John Howard makes clear it (report) doesnt change anything! Filing amended DRAFT ORDER NISI.

19 November 2002

4 December 2002

19 January 2003

11 February 2003

11 February 2003 12 February 2003

13 February 2003

14 February 2003 14 February 2003 17 February 2003

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