Re Barrow

HIGH COURT OF AUSTRALIAEDELMAN JIN THE MATTER OF AN APPLICATION BY DAVID CHARLES BARROW FOR LEAVE TO ISSUE OR FILERe Barrow[2017] HCA 477 November 2017M122/2017ORDER1.Leave to issue or file the proposed writ of summons refused.2.Application dismissed. Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSRe BarrowPractice and procedure – Leave to issue or file document – Where applicant seeks declaration various steps are reasonable in order for him not to be incapable under s 44(i) of Constitution of being chosen as Senator – Whether declaration involves a justiciable matter. Words and phrases – "advisory opinion", "all steps that are reasonably required", "declaration", "foreign citizenship", "hypothetical facts", "incapable of being chosen", "matter".Constitution, s 44(i).High Court Rules 2004 (Cth), r 6.07.2.EDELMAN J.   On 1 September 2017, Gordon J directed the Registrar not to issue or file a proposed writ of summons presented by the applicant without the leave of a Justice[1].  The applicant now brings this ex parte application for leave to issue or to file the proposed writ of summons.  [1]High Court Rules 2004 (Cth), r 6.07.2.In his proposed writ of summons, the applicant seeks a declaration from this Court that various steps he proposes to take are "reasonable" in order for him not to be incapable under s 44(i) of the Constitution of being chosen as a Senator in the next general election. Essentially, the steps proposed by the applicant concern his proposed renunciation of British citizenship...