The climate activist who claimed Josh Frydenberg was a Hungarian citizen in an attempt to unseat the Treasurer from federal parliament is facing bankruptcy proceedings because of the costs of his failed legal case against the MP.
Michael Staindl, a 68-year-old full-time climate activist, was ordered to pay Mr Frydenberg’s costs last August after Federal Court judges previously ruled there was “no evidence to support” his claim under section 44 of the constitution that the MP had inherited Hungarian citizenship from his mother, Erica Strausz, a Hungarian-born Holocaust survivor.
Treasurer Josh Frydenberg’s legal costs could bankrupt Michael Staindl.Credit:Eamon Gallagher
Mr Staindl, told The Age he did not have the money to pay court-ordered legal fees of $410,000, plus interest.
On Christmas Eve, the Treasurer’s law firm, Arnold Bloch Leibler, informed Mr Staindl’s lawyers it was issuing a bankruptcy notice. But Mr Staindl says he has not been served the notice.
“I undertook this dual citizenship challenge because I felt betrayed by my representative,” Mr Staindl told The Age.
“I was probably a bit naive, I thought Frydenberg’s side would be covered by the government. I didn’t realise that I would potentially be liable for Frydenberg’s case,” Mr Staindl said. “I also didn’t realise my star witness would vanish two weeks before the case.
Michael Staindl says he is being forced into bankruptcy by a call to pay legal fees after his unsuccessful citizenship case against Josh Frydenberg.Credit:AAP
“I would like the government to look upon this as it has on other dual citizenship challenges and carry the costs.”
Mr Staindl is a retired IT executive and full-time climate activist who lives in Mr Frydenberg’s electorate of Kooyong in Melbourne’s east.
Prior to the case he transferred his share of his family home into his wife’s name, which he said was due to an unrelated private family matter. But he says the house could still form part of the bankruptcy proceedings.
Court mediation saw the costs order against Mr Staindl negotiated down from $855,000 to $410,000.
Mr Staindl, who says he does casual maintenance work for income, is offering to pay $50,000, which he says friends and family would help fund.
To help fund his 2019 court case, Mr Staindl used the crowd-funding website Chuffed and eventually received $35,696 from 409 people. But he has rejected another round of crowd-funding, and says he won’t approach like-minded climate activists in Kooyong who are in opposition to Mr Frydenberg, such as activist investor Simon Holmes a Court.
In a letter last year Mr Staindl offered a limited apology to Mr Frydenberg.
“I realise that my legal action against you was hurtful, and for that pain I am truly sorry. Please, may I ask you again to look into your heart and consider that Kay and I have suffered enough. We are literally at your mercy. As constituents, and as fellow humans, I ask you to please exercise your discretion and terminate bankruptcy proceedings so we can all move on and focus on what’s important.”
Mr Staindl told The Age he did not receive a reply. ”
Last November Mr Frydenberg notified parliament that he had received pro bono legal advice from his law firm, but his declaration did not state if that advice was connected to this case.
The case was controversial as it referenced the experience of Jewish refugees in the Second World War. It was criticised by activist organisation Get Up!, while opposition frontbencher Tanya Plibersek labelled it a “bridge too far”.
In Parliament, there were accusations that the case was anti-semitic, which Mr Staindl denied.
Mr Frydenberg and Arnold Bloch Leibler declined to comment.
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