Glew v The Governor of Western Australia

[2009] WASCA 123

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeal
3. › Dismissal of appeal
4. › No reasonable prospect of success
5. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(g)(i)
1. Practice and Procedure
2. › Striking out
3. › No reasonable cause of action
4. › Frivolous and vexatious proceedings
5. › Re-agitation of issues previously decided
6. › Rules of the Supreme Court 1971 (WA), O 20 r 19(1)
1. Constitutional Law (WA)
2. › Validity of legislation
3. › Manner and form requirements
4. › Constitution Act 1889 (WA), s 73(2)(g)
5. › Whether Australia Acts, One Vote One Value Act and AARCLP Act validly enacted

Quick Take

Challenges to the constitutional validity of the Australia Acts, the One Vote One Value Act, and the AARCLP Act based on alleged non-compliance with s 73(2)(g) of the Constitution Act 1889 (WA) have no legal merit, as the validity of those Acts has been upheld by the High Court and the WA Court of Appeal. A litigant who persistently re-agitates issues previously decided against them risks having proceedings struck out as frivolous and vexatious.