Miller v Miller [1978] HCA 44

Miller v Miller [1978] HCA 44

The Telephonic Communications (Interception) Act 1960-1975 (Cth) evinces an intention to be a complete and exclusive law on the subject of the interception of telephonic communications; thus, to the extent the Listening Devices Act 1969 (NSW) renders admissible evidence unlawful where such conduct is permitted by the Commonwealth Act, the State Act is inconsistent and invalid. Therefore, evidence obtained by listening in on a telephone extension by a lawful occupant is admissible and cannot be excluded by the New South Wales statute.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court Appeal From Full Court of the Family Court of Australia
Outcome
Appeal allowed
Legal Topics
['inconsistency Between Commonwealth and State Laws' 'admissibility of Evidence' 'interception of Telephonic Communications' 'extent of Federal Coverage of Telecommunications Interception' 'listening Devices Legislation']
['constitutional Law' 'evidence' 'family Law' 'telecommunications'] ['inconsistency Between Commonwealth and State Laws' 'admissibility of Evidence' 'interception of Telephonic Communications' 'extent of Federal Coverage of Telecommunications Interception' 'listening Devices Legislation']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / High Court Appeal From Full Court of the Family Court of Australia

Legal Issues

  1. 1 ['Whether s. 7 of the Listening Devices Act 1969 (NSW) is inconsistent with the Telephonic Communications (Interception) Act 1960-1975 (Cth) and thus invalid by s. 109 of the Constitution' 'Whether listening to conversations on a telephone extension within a house is made unlawful by State law when Commonwealth law permits it' 'Whether evidence obtained via such listening is inadmissible']

Ratio Decidendi

The Telephonic Communications (Interception) Act 1960-1975 (Cth) evinces an intention to be a complete and exclusive law on the subject of the interception of telephonic communications; thus, to the extent the Listening Devices Act 1969 (NSW) renders admissible evidence unlawful where such conduct is permitted by the Commonwealth Act, the State Act is inconsistent and invalid. Therefore, evidence obtained by listening in on a telephone extension by a lawful occupant is admissible and cannot be excluded by the New South Wales statute.

Court Disposition

Appeal allowed

Orders

  • ['Order of the Full Court of the Family Court of Australia set aside.' 'Matter remitted to the Full Court of the Family Court of Australia to further hear the appeal by the appellant to that Court.' 'Costs of the day to be paid by the appellant.']