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IN THE HIGH COURT OF AUSTRALIA

MELBOURNE OFFICE OF THE REGISTRY No. M of 2020

ON THE MATTER of an Application for Writs of

Prohibition and Certiorari and Mandamus against:

RE; STATE OF VICTORIA,

RESPONDENT

EX PARTE: GERRIT HENDRIK SCHOREL-HLAVKA

APPLICANT (PROSECUTOR)

DRAFT ORDER NISI

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

Appearances ; GERRIT HENDRIK SCHOREL-HLAVKA

For the Applicant

;
For the Respondent

This affidavit was filed by the Applicant GERRIT HENDRIK SCHOREL-HLAVKA

Of: 107 Graham Road, Viewbank, In the State of Victoria, 3084

Phone number: 03 – 9457 7209

IT IS ORDERED THAT:

1. (A)
The Respondents DO SHOW CAUSE WHY A WRIT OF PROHIBITION should not
be issued out of this Court directing the Respondents NOT commence and/or continue
with its conduct to engage conduct in violation of the Biosecurity Act 2015 (Cth)

The Respondents DO SHOW CAUSE WHY A WRIT OF PROHIBITION should not

be issued out of this Court directing the Respondents not to engage in COMPULSORY
VACCINATION PROGRAMS in regard of all or any citizen or other visitor in the State
of Victoria.

The Respondents DO SHOW CAUSE WHY A WRIT OF PROHIBITION should not

be issued out of this Court directing the Respondents not us any STATE OF
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EMERGENY / STATE OF DISSATER for the STATE OF VICTORIA regarding any
alleged disease(s) but comply with the legal provisions of the Biosecurity Act 2015 (Cth).

and WHY A WRIT OF MANDAMUS should not be

issued out of this Court directing the Respondents that all military personal deployed
within the STATE OF VICTORIA for purposes to enforce the Victorian Chief Health
Officer directions for purposes of placing pressure upon the citizens and others within the
State of Victoria shall seize to do so

and WHY A WRIT OF MANDAMUS should not be

issued out of this Court directing the Respondents not to engage in any violations of
Section 92, 114, 117, 119 of the Commonwealth of Australia Constitution Act 1900
(UK).

and WHY A WRIT OF MANDAMUS should not be

issued out of this Court directing the Respondents that all military personal deployed for
purposes of placing pressure upon the citizen of Victoria and visitors to enforce the
Victorian Chief Health Officer directions be required to leave the area known as the
STATE OF VICTORIA.

and WHY A WRIT OF MANDAMUS should not be

issued out of this Court directing the Respondents to provide appropriate care facilities
and oversight as permitted by the Commonwealth of Australia to ensure that those in care
facilities have appropriate care and attention as well as ability to communicate with
relatives and friends without undue obstructions.

and WHY A WRIT OF MANDAMUS should not be

issued out of this Court directing the Respondent to provide this court with all relevant
details regarding the governing based upon claimed COVID-19 deaths.

Upon the following grounds; (Not stated in any order of importance!)

(i) That this is a matter of extreme urgency and of “Public interest”

(ii) That the 18 March 2020 dated Proclamation of the Governor-General in regard of
the STATE OF EMERGENCY expired after 3 months. No further declaration by
the Commonwealth was declared.
(iii) That the Commonwealth has the “exclusive” legislative powers as to legislate
regarding “man-kind” disease(s).
(iv) That the State of Victoria has the legislative powers to enact a STATE OF
EMERGENCY and/or STATE OF DISSASTER but excluding matters relating to
“man-kind” disease(s)
(v) That the Victorian Government has been using the STATE OF EMERGENCY /
STATE OF DISASTER for “man-kind” disease(s) in violation to the legal
provisions of the Biosecurity Act 2015 (Cth).
(vi) That the Framers of the Constitution (as set out in my Affidavit) stated that once
the Commonwealth commenced on any subject matter within section 51 of the
commonwealth of Australia Constitution Act 1900 (UK) then the State has to
“retire” from such legislative power and could legislate “no new laws” regarding
this subject matter.
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(vii) That the Framers of the Constitution made clear that any existing Colonial Act
and/or State legislation prior to the Commonwealth commencing legislation
would be and remain applicable subject to S109 of the constitution provided they
had not been amended after the commonwealth commenced to legislate upon the
particular subject matter.
(viii) That the Framers of the Constitution made clear that the States were bound by the
terms “for the peace, order and good government”.
(ix) That the border lockdown is unconstitutional as it violates Section 92 and Section
117 of the constitution.
(x) That the deployment of the ADF is a violation of S119 of the constitution for so
far they are deployed to enforce State laws without there being a “domestic
violence” (civil war).
(xi) That the State Parliament are “constitutional” parliament and cannot amend State
constitutions (as they were at the time of federation subject to the Commonwealth
of Australia Constitution Act 1900 (UK)) without a referendum approval of the
State electors to do so.
(xii) That the lockdowns by the Victorian Government was and remains to be
unconstitutional where it is based upon “man-kind” disease(s).
(xiii) That the curfew by the Victorian Government was and remains to be
unconstitutional where it is based upon “man-kind” disease(s).
(xiv) That the compulsory wearing of masks by the Victorian Government was and
remains to be unconstitutional where it is based upon “man-kind” disease(s).
(xv) That the social distancing by the Victorian Government was and remains to be
unconstitutional where it is based upon “man-kind” disease(s).
(xvi) That the testing procedures demanded by the State Government
(xvii) That the State Parliament cannot be suspended during a time when there is a
STATE OF EMERGENCY and/or a STATE OF DISSASTER declared, this as
the Parliament must be able to maintain oversight and accountability of Ministers.
(xviii) That any purported powers for the Minister to suspend laws at his/her choice is
unconstitutional and is not a power the State Parliament can delegate to the
relevant Minister because of the separation of powers.
(xix) That regardless of the Chief Health Officer being able to enlist the assistance of
any member of the Victorian Police the latter being a registered corporation
cannot then exercise police powers as to enforce any directions of the Chief
Health Officer.
(xx) That all and any fines and convictions resulting from the police to enforce the
Chief Health Officer’s directions are null and void. Likewise, any (purported)
convictions and orders for cost by any court regarding the same.
(xxi) That the State Government has no legislative power as to interfere with the rights
of “A subject of the Queen” to move freely across State and/or Territory borders
unless such a subject is prohibited from doing so by orders of a competent court.
(xxii) That the State of Victoria cannot delegate all and any powers to the Chief health
Officer who is not an elected Member of Parliament and as such not subject to
oversight of the Parliament as a Minister is.
(xxiii) That the State of Victoria has no legal powers to compel anyone to be subjected to
compulsory vaccination regardless of the l dangers to a person who is
forcefully/compulsory vaccinated.
(xxiv) That the State of Victoria or so the Victorian government had no legal powers to
enter into a so called Belt and Road Initiative with a foreign power, in violation to
the Constitutional provided powers to the Commonwealth regarding external
affairs.
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(xxv) That the Victorian State Government has no legal right to enter into a leasing
agreement in violation of S92 of the constitution to receive monies of an reported
about $9 billion which was mainly used for other project nothing to do with
improvements of harbor works.
(xxvi) That the State Government “permit” system for a person to be able to move about
within the State of Victoria is a denial of “common law” and other human rights
where no court order was in place to justify such restrain upon any citizen.
(xxvii) That the Victorian State Government had no legal powers, and so neither the
Victorian police to even smash car windows, to enforce a swab being taken from
any person moving about in the streets without a court orders to do so.
(xxviii)That the Victorian State Government violated citizens who were subjected to a
swab their human rights when having those swabs provided to laboratories which
had connections with a foreign powers and by this a foreign power could establish
the DNA of any person in the State of Victoria and match this with family
members within the country of that foreign power and then cause undue pressure
upon that family or upon the person in the State of Victoria as to submit to certain
demands of that foreign power.
(xxix) That the conduct of the Victorian State government as to sow fear, etc, resulted
that I ended up being physical assaulted for not wearing a mask, regardless that I
have a medical exemption for doing so.
(xxx) That the Victorian Police insist that I must wear a face mask if attending to a
police station regardless of being aware I have a “medical condition” not to do so.
(xxxi) That Austin Hospital dictated that for me to accompany my 87 year old wife in
the hospital I required a medical exemption certificate for not wearing a facemask
but even then must wear a face mask nevertheless to stay with my wife in the
hospital for a day attendance
(xxxii) That I on 10 August 2020 was directed by the Victorian Police to leave a
shopping centre for not wearing a mask, this even so the police already had
inspected and acknowledged I had a valid exemption certificate but claiming they
were not aware any exemption applied.
(xxxiii)That my wife has lived through WWII and subsequently through communism and
my wife gave me the understanding this conduct by the Victorian Government of
lockdowns, curfews, social distancing, compulsory wearing of facemask, etc is
worse then what she ever had to live through before.
(xxxiv) That my wife fears for her safety to even enter the street because of the violent
conduct of the Victorian Police as shown on television, including allegedly
choking a young woman for not wearing a face mask, this even so she had an
exemption not to do so. As well as the ongoing violent the Victorian Police
displayed toward any citizen exercising their constitutional rights to do a
“political” protest as enshrined as a legal principle in the constitution.
(xxxv) That my wife in general is prevented to have normal medical and other treatments
due to the absurd restrictions of lockdowns, curfews, etc, preventing her to live
the last years of her life in peace and tranquillity.
(xxxvi) That the Victorian State government has not whatsoever provided any system as
to lodge a complaint regarding the restrictions, etc, and the existing system such
as the Victorian Ombudsman, Victorian IBAC, Victorian Human Rights
Commission all seems to be all but closed down because of the fear about
COVID-19.
(xxxvii) That by law I am obligated to attend to my property in Berriwillock (350
kilometre trip) but by the Chief medical Officer directions I am not permitted to
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travel beyond 5 km and only for groceries, preventing me to even have a car
service, etc, to prepare for the trip or to make the trip itself.
(xxxviii) That the Premier of the State of Victoria has been ongoing referring to
numbers essentially scaring the living daylight out of citizens and by this
escalating tensions and conflict where however those numbers are used in a
deceptive and misleading manner.
(xxxix) That in the overall the restrictions are inhuman and an abuse of power including
to deny my common law rights and prevent me to even purchase items for
maintenance of the house as the restrictions deny me to go to trade stores where I
ordinary use to purchase items for maintenance issues.
(xl) That I understand that the Premier has authorised the Victorian Police to enter any
persons residence without the need of a warrant and place them under certain
conditions even to arrest a person regardless that they have not been guilty of a
crime nor any court warrant is outstanding against such a citizen.
(xli) That the Victorian Police is acting heavy handed in a gross unreasonable manner
as to even smash a door in less than 1 minute, and even arrest a pregnant woman
having done no more but to post on the internet for a political protest
(xlii) That the Victorian Police arrested numerous protesters at the Melbourne Shrine in
a very violent manner where the protestors were exercising a peace full
constitutional permitted political protest.
(xliii) That the conduct of the Victorian government is such that is has caused
considerable financial harm upon many business owners as well as the economy.
(xliv) That the Premier appears to be part of a so called “National Government” which
in my view has no constitutional validity as there is no “National Parliament” to
oversee such alleged “National Cabinet”.
(xlv) That the State of Victoria has no legal powers to detail any inter-state or
international travelled regarding any “man-kind” disease unless doing so by an
orders of a competent court of jurisdiction and/or in accordance to prescribed
procedures as to the Biosecurity Act 2015 (Cth) and any other relevant
commonwealth legal provisions, as authorised by the delegated powers of the
Commonwealth.
(xlvi) That the Premier of Victoria in violation of s44 of the constitution has engaged in
trade and other deals outside the Commonwealth “external affairs” powers and as
such it is my position that by the provisions of S44 of the constitution the premier
is ineligible to be a member of the State Parliament where he has engaged in
conduct specifically prohibited by S44 of the constitution.
(xlvii) That the State of Victoria prevents me to freely move about and places me at risk
of further violence, including by the Victorian Police, and this undermines my
ability to travel to and from the court unless the court provides appropriate orders
to ensure the safeguarding of my person. For this, currently I am prohibited to
travel even to have my documents printed by Officeworks, where I ordinary have
my material printed, as set out in my Affidavit provided by this application for
Degree Nisi.
(xlviii) That I seek orders that may assist me to prepare for any subsequent legal contest,
this as despite my FOI request of 8 August 2020 to the Premier of Victoria
regarding matters relating to what I now pursue before this court I had absolutely
no response upon this. I since 8 April 2020 have sought to pursue matters before
the Victorian Ombudsman, the Victorian Human Rights Commission, IBAC, etc,
but found that all attempt are outstanding after more than 5 months and as such
the courts being the last resort I view I am left no other option, in particular as
there is an escalation of conflict and so violence.
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(xlix) That I am retired and represent myself to pursue JUSTICE not only for my wife
and myself but for the public at large so that law and order can be restored
according to the provisions of the Commonwealth of Australia Constitution Act
1900 (UK)

2. A copy of this order nisi and all affidavit and exhibits be served upon the Respondents
within seven days of the date hereof by leaving copies with the Australian Government
Solicitors office in MELBOURNE

Deputy Registrar