SCANDRETT v DOWLING [1992] NSWCA 221

SCANDRETT v DOWLING [1992] NSWCA 221

The Court has jurisdiction to intervene in disputes concerning the government of the Anglican Church, given its Constitution is embodied in an Act of Parliament and affects civil rights. Interim injunctive relief should be granted to preserve the status quo until the main proceedings are heard, as the applicants have an appropriately arguable case and the balance of convenience favours intervention.

Parties
Applicant: Scandrett; Respondent: Dowling
Jurisdiction
Australia
Judgment Date
31 January 1992
Procedural Posture
Appeal / Interlocutory
Outcome
Appeal allowed
Legal Topics
Voluntary Associations Jurisdiction, Interlocutory Injunctions, Church Government, Sex Discrimination and Ordination
Associations Injunctions Discrimination Legislation Voluntary Associations Jurisdiction Interlocutory Injunctions Church Government Sex Discrimination and Ordination

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Parties

Scandrett

Applicant

Dowling

Respondent

Procedural Posture

Appeal / Interlocutory

Legal Issues

  1. 1 Whether courts have jurisdiction to intervene in disputes as to the government of the Anglican Church of Australia
  2. 2 Whether or not Bishop Dowling could lawfully ordain women as priests absent relevant General Synod legislation
  3. 3 Whether discrimination legislation applies to ordination of priests

Ratio Decidendi

The Court has jurisdiction to intervene in disputes concerning the government of the Anglican Church, given its Constitution is embodied in an Act of Parliament and affects civil rights. Interim injunctive relief should be granted to preserve the status quo until the main proceedings are heard, as the applicants have an appropriately arguable case and the balance of convenience favours intervention.

Court Disposition

Appeal allowed

Orders

  • Interim injunction granted restraining Bishop Dowling from ordaining women as priests pending determination of main proceedings