Next Fed Election > Aug  2018?
DAVID BARROW
Unlikely SENATOR for Aust.Cap.Terr.

Why AndrewBoltParty.com ??
I was a self-represented 
PARTY in litigation against ANDREW BOLT which ran for 4 long years.



DAVID BARROW -- INDEPENDENT Candidate DAVID BARROW -- INDEPENDENT Candidate

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DAVID BARROW, INDEPENDENT Candidate, Federal Election, Senate Candidate, Australian Capital Territory


Nick Xenophon ducks Penalty Writ? (he sort of did)
Filed Under:

Update


27 October 2017: High Court JUDGMENT


Senator Nick Xenophon is and was capable of being chosen and sitting in the Senate.


Congratulations to Nick Xenophon.... who is now retiring from the Senate to contest State Politics in his truly-native South Australia.






Senator Nick Xenophon and 6 other federal politicians are facing the High Court on 10 to 12 October 2017 to determine their eligibility of being chosen and sitting in Parliament.





Section 44 of the Australian Constitution has picked a fight with them for being dual citizens:


Any person who:

(i)     is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; OR     

(ii) is attainted of treason...

shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.






On 27 September 2017, I sued the 7 Fed Politicians myself under the Common Informers (Parliamentary Disqualifications) Act 1975 (Cth).


This provides a bounty for citizens ‘hunting down’ any Parliamentarian who has sat when disqualified.


$200 is paid for proving the Parliamentarian is caught out during the 12 months before being served with a lawsuit; and $200 is paid for every subsequent day on which he or she sat.


Any penalties I receive and personal tax benefit, I will donate to The Fred Hollows Foundation to end avoidable blindness www.hollows.org:


“We see a world in which no person is needlessly blind and Indigenous Australians exercise their right to good health.”









On 3 October 2017, I emailed the High Court legal teams for the 7 Fed Politicians to see if they had instructions to accept service (or undertake to enter an appearance) for the Writ of Summons.


The alternative is to give "personal service", which is effected by handing to the person a copy of the document to be served or, if the person does not accept the copy, by putting the copy down, in the presence of the person to be served and telling the person the nature of the document.


I got a curious response from Peter Jackson, the Managing Solicitor at "Nick Xenophon & Co. Lawyers".


He said that he would need to take advice from the leading minds of the Constitutional Lawyers representing Senator Xenophon before he could say if the mundane mechanical step of personal service could be dispensed with.


And, further, the Constitutional Lawyers were so busy preparing for the 10-12 October trial that he could only try his utmost to respond within 7 days.


I ventured that this might lead to a public perception that Senator Xenophon was 'ducking service'.  But Peter Jackson was adamant.


So I said that he need not respond further and I will attempt to effect personal service on Senator Xenophon in Canberra before 16 October 2017 (when Parliament resumes... and a $200 bounty is levied for every day he sits if disqualified).


You can see the penalties for each sitting day stacking up for Senator Xenophon in this Graph (in Orange):






The $200 penalty rate was set in 1975. Adjusting for inflation, that’s $1,400 in 2017 Aussie dollars. A disqualified politician could voluntarily make up the difference with a personal donation of $1,200 per day:









On 9 October 2017, Peter Jackson popped up by email:


"We refer to recent correspondence, and have now received the advice of counsel [leading minds of the Constitutional Bar] and instructions [from Nick Xenophon].


We advise that we have instructions to accept service of documents in the proceedings you have instituted in relation to Senator Xenophon, and that you may take it that the informal service on us such documents can now be taken as proper service.


However, as you would be aware Senator Xenophon has announced his intention to resign from the Senate after the High Court has determined the matters in dispute. There are likely to be no further sitting days. The consequence of this is that even if you were successful, section 3 of the Common Informers (Parliamentary Disqualifications) Act 1975 (Cth) would limit any recovery you could obtain to $200.00.


Further, it is likely that the High Court will determine the matter very shortly. If (as we respectfully anticipate) Senator Xenophon is successful (and it is the position of the Commonwealth Solicitor General in the proceedings that he will be), your action would be foredoomed to failure, and would be liable to be struck out. In that event, naturally our client would reserve his entitlement to seek costs against you on a full indemnity.


We anticipate corresponding with you further in due course, after the determination by the High Court."



I thanked Peter for his email and replied:


"I note that you optimistically believe that the matter will be determined by the full court prior to the 16 [October] 2017 resumption of the Senate sitting.


I also note that the full court took 58 days to find Rod Culleton was ineligible to be chosen and sit as a Senator.


And 57 days to make the determination for Bob Day.


Perhaps 57.5 days is more realistic?


Please also note that former Greens Senators Larissa Waters and Scott Ludlam have now consented to judgment to be effected against them and to pay a $200 penalty which I intend to donate to The Fred Hollows Foundation.


Consent Orders are as follows [amended]


1. Judgment be entered for the Plaintiff against the Defendant in the sum of $200.00.


2. There be no order as to costs.


I urge your client to be on the right side of history with this.


The tradition of the Common Informer is hopefully in part the future of the Bounty reward system of the foreshadowed advances in Whistleblower legislation [see REPORT].


I expect to be in Canberra until 16 October 2017 if Nick or his NXT staff would like to discuss. Or I can be contacted on Mbl... before there is an X-IT from NXT (and any more poor puns).






I am a big fan of Nick Xenophon. And almost met him at the gala fundraiser for NXT candidate Marie Rowland in the 2016 Federal Election.


I was running as a fly-in, fly-out Independent Candidate from Melbourne against Tony Abbott in the NSW Northern Beaches electorate of Warringah.


So the NXT organisers of the gala event in Warringah were not too keen for me to ask Nick a question in the Q&A after his speech.


I simply wanted to ask Nick this Dorothy Dixer: Will there be any horse trading in a party you lead?


Nick didn't need to answer.  His principled "No" actions on the job spoke for him.  And that's very cool.


He will be missed in the Senate acting for South Australians (and all Australians) howsoever his troubles in the High Court might break.


Vale (Federal) Nick Xenophon.  And on the third month of 2018 he may be resurrected (SA State Elections)?



SEE MY: 2016 Federal Election in Tweets






Public Statement PDF (click)


High Court of Australia proceeding
M140/2017 David Charles Barrow v Malcolm Roberts, Fiona Nash, Nick Xenophon, Matthew Canavan, Barnaby Joyce, Scott Ludlam and Larissa Waters





SEE ALSO (click): My Reasonable Steps to renounce Dual Citizenship last year






CLICK to Scroll All My Blog Posts




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