Chalmers v The King

CHALMERS
v
THE KING
[2023] HCASL 108
B12/2023

The applicant applies for an order under s 40 of the Judiciary Act 1903 (Cth) removing a cause now pending in the District Court of Queensland (criminal proceeding BD1164/18). The amended application for removal does not raise any issue arising under the Constitution or involving its interpretation that is suitable for removal or in a sufficient state for removal. In any event, this Court should not fragment the orderly progression of the proceeding pending in the District Court (see Bienstein vBienstein (2003) 195 ALR 225 at 234-235 [45]). The application for removal should be dismissed.
Pursuant to r 26.07.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

J.J. Edelman J.S. Gleeson

3 August 2023

CaseChat Overview and Summary

Chalmers sought an order to remove a criminal proceeding pending in the District Court of Queensland to the High Court. The applicant's amended application for removal did not present an issue arising under the Constitution or involving its interpretation that was suitable for removal or in a sufficient state for removal. The High Court was asked to determine whether the application should be dismissed.

The legal issues the court had to decide included whether the amended application raised any issue arising under the Constitution or involving its interpretation that was suitable for removal or in a sufficient state for removal, and whether the application should be dismissed. The court also needed to consider whether the orderly progression of the proceeding pending in the District Court should be fragmented.

The court concluded that the amended application did not raise any issue arising under the Constitution or involving its interpretation that was suitable for removal or in a sufficient state for removal. It also found that this Court should not fragment the orderly progression of the proceeding pending in the District Court. Therefore, the application for removal should be dismissed. The court made an order under r 26.07.1 of the High Court Rules 2004 (Cth) directing the Registrar to draw up, sign and seal an order dismissing the application.

Continue reading Chalmers v The King

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established