R v Ross-Jones; Ex parte Green [1984] HCA 82

R v Ross-Jones; Ex parte Green [1984] HCA 82

The Family Court had no jurisdiction to entertain Dr. Marinovich's application for an injunction restraining Mrs. Green—a third party to the marriage and judgment creditor—from enforcing her Supreme Court judgment. Such proceedings were not a 'matrimonial cause' within s. 4 of the Family Law Act, nor could the relief be granted under s. 114 or s. 85. Accordingly, the interlocutory injunction and any further proceedings against Mrs. Green in the Family Court were beyond that Court's jurisdiction. The High Court made absolute the order nisi for prohibition and certiorari to quash the Family Court's interlocutory order.

Jurisdiction
Australia
Procedural Posture
Application for Prerogative Relief (prohibition and Certiorari) / High Court—return of Order Nisi
Outcome
Order nisi for prohibition and certiorari made absolute (majority).
Legal Topics
['jurisdiction of the Family Court' 'prerogative Relief' 'prohibition and Certiorari' 'third Party Rights' 'injunctive Relief' 'matrimonial Causes' 'scope of S 75(v) of Constitution']
['family Law' 'constitutional Law' 'federal Jurisdiction' 'civil Procedure'] ['jurisdiction of the Family Court' 'prerogative Relief' 'prohibition and Certiorari' 'third Party Rights' 'injunctive Relief' 'matrimonial Causes' 'scope of S 75(v) of Constitution']

Case Brief

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Procedural Posture

Application for Prerogative Relief (prohibition and Certiorari) / High Court—return of Order Nisi

Legal Issues

  1. 1 ['Whether the Family Court had jurisdiction to entertain Dr. Marinovich’s application for relief against Mrs. Green, a third party to the marriage.' "Whether the interlocutory injunction restraining Mrs. Green from enforcing her Supreme Court judgment was within the Family Court's power." 'Whether the circumstances justified the High Court in granting prohibition and certiorari before further Family Court proceedings.']

Ratio Decidendi

The Family Court had no jurisdiction to entertain Dr. Marinovich's application for an injunction restraining Mrs. Green—a third party to the marriage and judgment creditor—from enforcing her Supreme Court judgment. Such proceedings were not a 'matrimonial cause' within s. 4 of the Family Law Act, nor could the relief be granted under s. 114 or s. 85. Accordingly, the interlocutory injunction and any further proceedings against Mrs. Green in the Family Court were beyond that Court's jurisdiction. The High Court made absolute the order nisi for prohibition and certiorari to quash the Family Court's interlocutory order.

Court Disposition

Order nisi for prohibition and certiorari made absolute (majority).

Orders

  • ['Order nisi for a writ of prohibition made absolute against Justice Ross-Jones and other judges of the Family Court, restraining further proceedings in the application against Mrs. Green.' 'Order nisi for certiorari made absolute, quashing the interlocutory orders and directions made by the Family Court on 19...