Re Carmody; Ex parte Glennan [2003] HCA 32

Re Carmody; Ex parte Glennan [2003] HCA 32

No collateral relief is available pursuant to s 75(v) of the Constitution against decisions of Justices of the High Court; only the appellate avenue provided by s 73(i) and regulated by s 34 of the Judiciary Act is available. The application to impeach orders disposing of an earlier application to a Justice of this Court must be dismissed; new grounds cannot be agitated where those grounds have been previously dealt with or lack merit.

Parties
Applicant: Michael John Glennan; First Respondent: Michael Carmody (in his capacity as Commissioner of Taxation for the Commonwealth of Australia); Second Respondents: Second respondents
Jurisdiction
Australia
Judgment Date
17 June 2003
Procedural Posture
Application for Orders Absolute in the First Instance / Final Judgment and Order
Outcome
Application dismissed with costs.
Legal Topics
Original Jurisdiction, Appeals, Prohibition, Mandamus, Certiorari, Declaratory Relief
Constitutional Law Practice and Procedure Original Jurisdiction Appeals Prohibition Mandamus Certiorari Declaratory Relief

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Michael John Glennan

Applicant

Michael Carmody (in his capacity as Commissioner of Taxation for the Commonwealth of Australia)

First Respondent

Second respondents

Second Respondents

Procedural Posture

Application for Orders Absolute in the First Instance / Final Judgment and Order

Legal Issues

  1. 1 Whether collateral relief is available pursuant to s 75(v) of the Constitution after abandonment of an appeal.
  2. 2 Whether a Justice of the High Court is within the scope of 'an officer of the Commonwealth' for s 75(v).
  3. 3 Whether the orders made by Kirby J were constitutionally infirm.

Ratio Decidendi

No collateral relief is available pursuant to s 75(v) of the Constitution against decisions of Justices of the High Court; only the appellate avenue provided by s 73(i) and regulated by s 34 of the Judiciary Act is available. The application to impeach orders disposing of an earlier application to a Justice of this Court must be dismissed; new grounds cannot be agitated where those grounds have been previously dealt with or lack merit.

Court Disposition

Application dismissed with costs.

Orders

  • Notices of Motion respectively dated 5 May 2003 and 22 May 2003 dismissed with costs.
  • Application dismissed with costs.