Re McCawley [1918] HCA 4

Re McCawley [1918] HCA 4

The Court determined that the order made by the Supreme Court of Queensland was not a 'judgment' within the meaning of section 35 of the Judiciary Act 1903-1915 as it did not arise from adversarial litigation between parties, therefore neither leave nor special leave to appeal should be granted.

Parties
Applicant: Thomas William McCawley; Amici Curiae: W. Fee K.C. and Stumm K.C.
Jurisdiction
Australia
Judgment Date
25 February 1918
Procedural Posture
Application for Leave to Appeal / Application for Leave or Special Leave to Appeal to the High Court From the Supreme Court of Queensland
Outcome
Application for leave and special leave to appeal refused.
Legal Topics
Definition of Judgment for Appellate Jurisdiction, Eligibility for Judicial Office, Appealability of Orders
Constitutional Law Judicial Appointment Definition of Judgment for Appellate Jurisdiction Eligibility for Judicial Office Appealability of Orders

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Parties

Thomas William McCawley

Applicant

W. Fee K.C. and Stumm K.C.

Amici Curiae

Procedural Posture

Application for Leave to Appeal / Application for Leave or Special Leave to Appeal to the High Court From the Supreme Court of Queensland

Legal Issues

  1. 1 Is the determination of the Supreme Court of Queensland a 'judgment' within the meaning of section 35 of the Judiciary Act 1903-1915, enabling appeal to the High Court?
  2. 2 Is the Supreme Court's order interlocutory or final for purposes of leave to appeal?
  3. 3 Was Thomas William McCawley eligible to be appointed and sworn in as a judge of the Supreme Court of Queensland?

Ratio Decidendi

The Court determined that the order made by the Supreme Court of Queensland was not a 'judgment' within the meaning of section 35 of the Judiciary Act 1903-1915 as it did not arise from adversarial litigation between parties, therefore neither leave nor special leave to appeal should be granted.

Court Disposition

Application for leave and special leave to appeal refused.

Orders

  • Leave and special leave to appeal from the Supreme Court of Queensland refused.