A Melbourne man who unsuccessfully challenged federal Treasurer Josh Frydenberg's citizenship and eligibility to sit in parliament has been bankrupted.
In 2019, Michael Staindl, a constituent in Mr Frydenberg's Kooyong electorate, brought a federal court proceeding against the Treasurer questioning whether he was a dual citizen and therefore ineligible to sit in federal parliament.
Section 44 of the constitution does not allow dual citizens to sit in parliament.
He alleged that Mr Frydenberg inherited Hungarian citizenship from his mother, Erica Strausz, a Hungarian-born Holocaust survivor who migrated to Australia.
Ms Strausz arrived in Australia a "stateless" citizen.
The case was thrown out and Mr Staindl ordered to pay costs of $410,000.
But he cannot afford the hefty bill and on Friday morning lawyers for Mr Frydenberg issued bankruptcy papers to Mr Staindl.
High-profile law firm Arnold Bloch Leibler represented Mr Frydenberg pro bono – it is included on the MP's register of interest.
"They're claiming they can take the house. And yes, I believe legally, there's probably every possibility of that. It's my wife's house. But I don't have enough to pay the half a million they're claiming,'' Mr Staindl said.
The Hawthorn man had written to Mr Frydenberg and the Prime Minister pleading for mercy, explaining that his wife had life-threatening illness, while hitting out at the "aggressive" behaviour.
He also apologised for any offence caused.
Staindl claims court action motivated by climate, not anti-Semitism
Mr Staindl said he took the court action in a bid to have the climate change emergency taken seriously.
Mr Staindl said he was so frustrated by the government's policies on climate change, that he wanted to use the court action as a "lever" to get the attention of Mr Frydenberg.
"In retrospect, maybe it was a lever I shouldn't have pulled,'' Mr Staindl said.
"I didn't realise that Mr Frydenberg would take this so personally as an attack on him… I've apologised for that."
The court case triggered allegations of anti-Semitism; a charge Mr Staindl vehemently denies.
The Labor opposition also said that the challenge on Mr Frydenberg's citizenship was "a bridge too far."
The Treasurer declined to comment.
Asked about the case while visiting Melbourne's eastern suburbs on Friday, Prime Minister Scott Morrison said: "the rule of law has been applied with those orders, then people should expect them to be followed through and complied with, that's the fair way in Australia."
At the last election, and at this year's poll, Mr Frydenberg has faced challenges from independent candidates backed by climate change campaigners.
