Lee v Commonwealth of Australia [2012] HCA 62

Lee v Commonwealth of Australia [2012] HCA 62

Remitter to the Federal Court is appropriate as contested facts and the need for case management do not support referral of questions of law to the Full Court or proceeding by demurrer in the High Court.

Parties
Plaintiff: Daniel Thomas Lee; Plaintiff Advocate: Maloney Anderson Legal; Defendant: Commonwealth of Australia; Defendant Advocate: D M Forrester; Defendant Advocate: Australian Government Solicitor
Jurisdiction
Australia
Judgment Date
29 November 2012
Procedural Posture
Remitter Application / Remittal Order Made
Outcome
proceeding remitted to Federal Court
Legal Topics
High Court Practice, Remitter, Case Stated, Constitution Ss 92, 99, 100
Constitutional Law Practice and Procedure High Court Practice Remitter Case Stated Constitution Ss 92, 99, 100

Case Brief

Summary, issues, holding and outcome

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Parties

Daniel Thomas Lee

Plaintiff

Maloney Anderson Legal

Plaintiff Advocate

Commonwealth of Australia

Defendant

D M Forrester

Defendant Advocate

Australian Government Solicitor

Defendant Advocate

Procedural Posture

Remitter Application / Remittal Order Made

Legal Issues

  1. 1 Whether parts of the Water Act 2007 (Cth) are invalid by operation of ss 100 and/or 99 and/or 92 of the Constitution
  2. 2 Whether remitter to the Federal Court is appropriate pursuant to s 44 of the Judiciary Act 1903 (Cth)
  3. 3 Whether questions of law can appropriately be referred to the Full Court via case stated

Ratio Decidendi

Remitter to the Federal Court is appropriate as contested facts and the need for case management do not support referral of questions of law to the Full Court or proceeding by demurrer in the High Court.

Court Disposition

proceeding remitted to Federal Court

Orders

  • The proceeding be remitted to the Federal Court at the Melbourne Registry.
  • The proceeding continue in that Court as if the steps already taken in the proceeding in this Court have been taken in that Court.