11 November 2021

Incomprehensible

Keane J in Simmons, In the matter of an application for leave to issue or file [2021] HCATrans 191 has today deftly disposed of the Special Leave application by Sean Simmons for 'a constitutional writ of prohibition and other relief' regarding public health orders. 

The High Court transcript states 

 The applicant, Mr Simmons, seeks leave to issue or file an application for what is described as a constitutional writ of prohibition directed to numerous respondents seeking to restrain “the Governor‑General, and all Commonwealth officers ... for maintaining any such directions or orders regarding the SARS‑2 novel coronavirus restrictions, vaccination and immunization national program, as also to include all State and Territory officials and health related officials thereby restraining them from any acts or directions or orders in regard to the SARS‑2 novel coronavirus”. 

Leave is required by reason of the direction of Steward J on 30 September 2021 under r 6.07.2 of the High Court Rules 2004 (Cth). 

The issue said to be presented by the application is described as follows: “Infiltration – ‘fifth column work’ – by ideological consumerist ruse – urging violence against the Sovereign to overthrow the Constitution by genocide, munity [sic] and electoral fraud”. The applicant’s attempt to elaborate his contentions in relation to these issues defies comprehension. If the applicant has an arguable ground for the relief sought, it has not been articulated. The application is frivolous and vexatious.