Chalmers v The King
[2023] HCASL 108
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