Bennett v Binge

The parties in this matter were Robert Edmund Bennett (the applicant) and Michael John Binge and others (the respondents). The dispute concerned an application to remove a cause pursuant to section 40(1) of the Judiciary Act 1903 and an application for special leave to appeal. The proceedings took place in the High Court of Australia.

The legal issues before the Court were whether to grant the application for removal of a part of the cause, and whether to grant special leave to appeal. The Court also considered the procedural implications of the removal order and its potential impact on the jurisdiction to deal with the case, particularly in light of a prior order made by Mr Justice Smart.

The Court reasoned that the removal of the cause was not opposed by the respondents, who conceded that the matter arose under the Constitution. The Chief Justice indicated that the Court would make an order in terms of the notice of motion for removal. Furthermore, the Court proposed to list the application for special leave to appeal at the same time as the removed part of the cause, to address potential difficulties regarding jurisdiction and the relationship between an appeal and the removal. The respondents sought an order for costs in any event as a condition of special leave.