Robbie Thorpe, the uncle of independent senator Lidia Thorpe, sought to argue Saturday’s vote was “an attack on Aboriginal sovereignty”.

Thorpe said in a statement on Friday the denial of sovereignty was causing serious mental harm.

Early voting in the Voice to parliament referendum.
The High Court has not accepted a last-minute writ issued by an Indigenous activist to stop the voice referendum from going ahead. (Steven Siewert)

However, Chief Justice Susan Kiefel made a direction under High Court rules which meant Thorpe’s writ was not accepted for filing.

The rule states “if a writ, application, summons, affidavit or other document appears to a registrar on its face to be an abuse of the process of the court, to be frivolous or vexatious or to fall outside the jurisdiction of the court, the registrar may seek the direction of a justice”.

How Australia voted in all 44 of the nation’s referendums

Robbie Thorpe talks during a NAIDOC week march in Melbourne, Friday, July 6, 2018. (AAP)

The justice may then direct the registrar to issue or file the document, or to refuse to issue or file the document.

Thorpe has previously sought to charge the Commonwealth with genocide.

For 24/7 crisis support run by Aboriginal and Torres Strait Islander people, contact 13YARN (13 92 76).

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