Attorney-General of Queensland v Holland

The Attorney-General of Queensland appealed to the High Court of Australia from a decision of the Supreme Court of Queensland. The appeal concerned the liability of the Attorney-General for costs when intervening in a matrimonial cause. In the original proceedings, the respondent wife had obtained a decree nisi for divorce. Before the decree was made absolute, the Attorney-General intervened, alleging adultery by the petitioner and concealment of material facts. The Attorney-General subsequently withdrew his defence, and the case was struck out with costs awarded against him. The Supreme Court dismissed the Attorney-General's appeal against this costs order.

The central legal issue before the High Court was whether the Attorney-General, when intervening in a matrimonial cause under the provisions of the *Matrimonial Causes Jurisdiction Act 1864* (Qld) and the *Matrimonial Causes Act 1875* (Qld), was liable to pay or entitled to receive costs. This involved interpreting sections of these Acts concerning intervention and the general principles of Crown liability for costs in legal proceedings.

The majority of the High Court, comprising Griffith C.J. and Barton J., held that the Attorney-General, when intervening, was not liable to pay or entitled to receive costs. Their reasoning was grounded in the established common law principle that the Crown is not bound by statutes unless expressly stated or by necessary implication. They found that the relevant Queensland legislation, when read in light of English precedents such as *Lautour v. Her Majesty's Proctor*, did not demonstrate a clear intention to make the Crown liable for costs in such circumstances. The Court considered that the Attorney-General's intervention was in aid of the Court to prevent a perversion of justice, rather than as a party in the ordinary sense.

Consequently, the High Court reversed the decision of the Supreme Court of Queensland. The appeal was allowed, and the order for costs against the Attorney-General was set aside.