Re MacSween; Ex parte Fraser [1956] HCA 76

Re MacSween; Ex parte Fraser [1956] HCA 76

The Court would not grant an order nisi on a ground impugning Jacka v. Lewis and Barrett v. Opitz because s. 141 should be treated as vesting part of the judicial power of the Commonwealth, and the other ground taken was not within the scope of a writ of prohibition.

Jurisdiction
Australia
Procedural Posture
Application for Writ of Prohibition / Application for Order Nisi
Outcome
Order nisi refused.
Legal Topics
['judicial Power of the Commonwealth' 'writ of Prohibition' 'order Nisi']
['constitutional Law' 'judicial Review'] ['judicial Power of the Commonwealth' 'writ of Prohibition' 'order Nisi']

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Procedural Posture

Application for Writ of Prohibition / Application for Order Nisi

Legal Issues

  1. 1 ['Whether s. 141 should be treated as vesting part of the judicial power of the Commonwealth.' 'Whether an order nisi should be granted on a ground impugning Jacka v. Lewis and Barrett v. Opitz.' 'Whether the other ground taken was within the scope of a writ of prohibition.']

Ratio Decidendi

The Court would not grant an order nisi on a ground impugning Jacka v. Lewis and Barrett v. Opitz because s. 141 should be treated as vesting part of the judicial power of the Commonwealth, and the other ground taken was not within the scope of a writ of prohibition.

Court Disposition

Order nisi refused.

Orders

  • ['Order accordingly.']