Slater v Honourable Chief Justice Miles [1999] FCA 185

Slater v Honourable Chief Justice Miles [1999] FCA 185

The appeal was dismissed as an abuse of process, since the proceedings sought relief that had already been finally determined against Mrs Slater in previous judgments, and further litigation was foredoomed to fail. The Supreme Court lacked jurisdiction after transfer to the Family Court.

Parties
Appellant: Merrilee Margaret Slater; First Respondent: The Honourable Jeffrey Allan Miles; Second Respondent: Registrar Alan Jeffrey Towill; Third Respondent: Sheriff Jill Circosta; Fourth Respondent: Attorney-General for the Australian Capital Territory
Jurisdiction
Australia
Judgment Date
25 February 1999
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed with costs
Legal Topics
Abuse of Process, Jurisdiction, Prerogative Relief, Mandamus
Family Law Procedure Abuse of Process Jurisdiction Prerogative Relief Mandamus

Case Brief

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Parties

Merrilee Margaret Slater

Appellant

The Honourable Jeffrey Allan Miles

First Respondent

Registrar Alan Jeffrey Towill

Second Respondent

Sheriff Jill Circosta

Third Respondent

Attorney-General for the Australian Capital Territory

Fourth Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appeal constitutes an abuse of process
  2. 2 Whether the Supreme Court of the Australian Capital Territory has jurisdiction to entertain matrimonial property claims after transfer to the Family Court
  3. 3 Whether judges of the Supreme Court ACT are officers of the Commonwealth for the purpose of s 39B of the Judiciary Act

Ratio Decidendi

The appeal was dismissed as an abuse of process, since the proceedings sought relief that had already been finally determined against Mrs Slater in previous judgments, and further litigation was foredoomed to fail. The Supreme Court lacked jurisdiction after transfer to the Family Court.

Court Disposition

appeal dismissed with costs

Orders

  • The motion for a stay of the appeal is dismissed.
  • The appeal is dismissed with costs, to be taxed if not agreed.