Re McBain; Ex parte Australian Catholic Bishops Conference [2002] HCA 16

Re McBain; Ex parte Australian Catholic Bishops Conference [2002] HCA 16

Where litigation between parties has been finally resolved by a federal court within jurisdiction, and all parties to the decision are content to abide by it, persons who were not parties to the proceedings (even if they appeared as amici curiae) cannot institute proceedings in the original jurisdiction of the High Court seeking orders of certiorari to quash the decision for alleged legal error, because such a claim does not give rise to a 'matter' under Ch III of the Constitution. There is no immediate right, duty or liability to be established, and to grant relief would subvert the finality of litigation and the stability of rights determined by judicial power. Even had a 'matter' been...

Parties
Applicant: Australian Catholic Bishops Conference & Anor; Applicant: Attorney-General of the Commonwealth of Australia ex rel Australian Episcopal Conference of the Roman Catholic Church; Second Respondent: John McBain; First Respondent: Sundberg J
Jurisdiction
Australia
Judgment Date
18 April 2002
Procedural Posture
Original Jurisdiction Applications for Writs of Certiorari / Final Orders by High Court After Full Hearing
Outcome
Applications dismissed with costs.
Legal Topics
Judicial Power of the Commonwealth, Certiorari, Certiorari for Non Jurisdictional Error, Matter Under Ch III, Standing, Attorney General Relator Proceedings, Jurisdiction of the High Court, Exercise of Discretion, Inconsistency of Laws (s 109)
Constitutional Law Administrative Law Judicial Power of the Commonwealth Certiorari Certiorari for Non Jurisdictional Error Matter Under Ch III Standing Attorney General Relator Proceedings +3 more

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Parties

Australian Catholic Bishops Conference & Anor

Applicant

Attorney-General of the Commonwealth of Australia ex rel Australian Episcopal Conference of the Roman Catholic Church

Applicant

John McBain

Second Respondent

Sundberg J

First Respondent

Procedural Posture

Original Jurisdiction Applications for Writs of Certiorari / Final Orders by High Court After Full Hearing

Legal Issues

  1. 1 Whether the applicants, who were not parties to the Federal Court proceedings, could obtain writs of certiorari to quash a Federal Court judgment for non-jurisdictional error of law on the face of the record
  2. 2 Whether the claims raised a 'matter' under Ch III of the Constitution to engage the original jurisdiction of the High Court
  3. 3 Whether certiorari is available against a judge of a federal superior court in respect of non-jurisdictional error of law

Ratio Decidendi

Where litigation between parties has been finally resolved by a federal court within jurisdiction, and all parties to the decision are content to abide by it, persons who were not parties to the proceedings (even if they appeared as amici curiae) cannot institute proceedings in the original jurisdiction of the High Court seeking orders of certiorari to quash the decision for alleged legal error, because such a claim does not give rise to a 'matter' under Ch III of the Constitution. There is no immediate right, duty or liability to be established, and to grant relief would subvert the finality of litigation and the stability of rights determined by judicial power. Even had a 'matter' been...

Court Disposition

Applications dismissed with costs.

Orders

  • Applications dismissed with costs.