R v Cook; Twigg, Ex p [1980] HCA 36

R v Cook; Twigg, Ex p [1980] HCA 36

The conviction and fine imposed on Mr. Twigg by the Family Court for contempt were unsustainable in law as the conduct alleged did not amount to contempt under the Family Law Act, and there was no admissible evidence to support the conviction. Certiorari was appropriate to quash the conviction.

Jurisdiction
Australia
Procedural Posture
Application for Writs (prohibition, Certiorari) / High Court Original Jurisdiction, Order Nisi Return
Outcome
Order nisi for certiorari made absolute; order nisi for prohibition discharged; no order as to costs
Legal Topics
['contempt of Court' 'jurisdiction' 'certiorari' 'prohibition' 'natural Justice']
['family Law' 'administrative Law' 'practice and Procedure'] ['contempt of Court' 'jurisdiction' 'certiorari' 'prohibition' 'natural Justice']

Case Brief

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Procedural Posture

Application for Writs (prohibition, Certiorari) / High Court Original Jurisdiction, Order Nisi Return

Legal Issues

  1. 1 ['Whether the Family Court had jurisdiction to convict Mr. Twigg for contempt not committed in the face of the court' 'Whether the conduct alleged amounted to contempt of court under the Family Law Act 1975' 'Whether the evidence before the Family Court supported the conviction' 'Whether the High Court has jurisdiction to issue certiorari in these circumstances']

Ratio Decidendi

The conviction and fine imposed on Mr. Twigg by the Family Court for contempt were unsustainable in law as the conduct alleged did not amount to contempt under the Family Law Act, and there was no admissible evidence to support the conviction. Certiorari was appropriate to quash the conviction.

Court Disposition

Order nisi for certiorari made absolute; order nisi for prohibition discharged; no order as to costs

Orders

  • ['Conviction and fine of $1,000 against Mr. Twigg quashed by certiorari' "No order as to costs; Solicitor-General undertook to pay applicant's costs"]