Court petition to throw Matthew Guy out of parliament

February 15, 2023 11:20 AM AEDT | By AAPNEWS
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Former Victorian opposition leader Matthew Guy has asked a judge to dismiss a petition to throw him out of parliament. 

David Vincent, who ran as an independent against Mr Guy in last year's state election, lodged the petition in the Supreme Court, claiming Mr Guy is not a fit or proper person to sit in parliament.

He said the court should remove Mr Guy as the member for Bulleen and instead give him the seat, along with the role of speaker in the Legislative Assembly or president in the upper house. 

Mr Vincent came last in the race for Bulleen, securing only 0.5 per cent of the vote compared to Mr Guy's 48.06 per cent. 

During a Supreme Court hearing on Wednesday, Mr Vincent described his petition as a public interest application to improve the Victorian parliament. 

Mr Vincent, who represented himself, wants the Independent Broad-based Anti-corruption Commission to produce documents from its investigation into Mr Guy and indicate whether charges would be recommended. 

The Victorian Electoral Commission referred Mr Guy to the corruption watchdog in November, after it was alleged he tried to circumvent the state's political donation laws along with his former chief of staff Mitch Catlin.

Justice John Dixon told Mr Vincent there was not enough detail in his petition to warrant the court ordering the watchdog to hand over documents.  

The justice also raised concerns with the petition, noting it was unclear whether it could be heard in the court.

Mr Guy's representative Rohan Ajzensztat told the court it would be an abuse of court processes if the petition proceeded. 

He applied to have the petition summarily dismissed and struck out, saying the orders Mr Vincent sought were not within the court's powers. 

Justice Dixon adjourned Mr Guy's application, saying Mr Vincent should be given time to consider it and make submissions. 

The matter will return to the Supreme Court later this month, where Justice Dixon will consider Mr Guy's application before determining whether Mr Vincent's petition should proceed. 

Mr Vincent has also been given time to make small amendments to his petition. 


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