Macqueen v Frackelton [1909] HCA 28

Macqueen v Frackelton [1909] HCA 28

The suspension of the plaintiff from office by the General Assembly was a breach of the consensual compact, as it was effected not in accordance with the agreed rules of discipline, deprived the plaintiff of civil rights (stipend and status), and was therefore illegal and null and void; the civil courts have jurisdiction to declare the rights and grant relief where civil rights are infringed by breach of such a compact.

Parties
Appellants; Defendants: Macqueen and Others; Respondent; Plaintiff: Frackelton
Jurisdiction
Australia
Judgment Date
13 May 1909
Procedural Posture
Civil Appeal / On Appeal From the Supreme Court of Queensland to the High Court of Australia
Outcome
Appeal dismissed with variation; order for costs affirmed; order of Supreme Court varied to omit 'mandamus'.
Legal Topics
Voluntary Association, Church Discipline, Jurisdiction of Civil Courts, Consensual Agreements, Mandamus, Injunction, Declaration of Right, Liability for Costs
Contract Law Ecclesiastical Law Administrative Law Voluntary Association Church Discipline Jurisdiction of Civil Courts Consensual Agreements Mandamus +3 more

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 5 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Macqueen and Others

Appellants; Defendants

Frackelton

Respondent; Plaintiff

Procedural Posture

Civil Appeal / On Appeal From the Supreme Court of Queensland to the High Court of Australia

Legal Issues

  1. 1 Whether the suspension of the plaintiff from his position as minister by the General Assembly was illegal and void under the consensual compact of the Church.
  2. 2 Whether the civil courts have jurisdiction to review or intervene in decisions of Church tribunals where civil rights are implicated.
  3. 3 Whether the issue of a writ by the plaintiff constituted insubordination or breach of an ordination vow.

Ratio Decidendi

The suspension of the plaintiff from office by the General Assembly was a breach of the consensual compact, as it was effected not in accordance with the agreed rules of discipline, deprived the plaintiff of civil rights (stipend and status), and was therefore illegal and null and void; the civil courts have jurisdiction to declare the rights and grant relief where civil rights are infringed by breach of such a compact.

Court Disposition

Appeal dismissed with variation; order for costs affirmed; order of Supreme Court varied to omit 'mandamus'.

Orders

  • Order of Supreme Court of Queensland, Frackelton v. Macqueen and others, 1909 St. R. Qd., 89, varied by omitting the word 'mandamus', otherwise affirmed.
  • Appellants to pay the costs of the appeal.