Doyle v The Commonwealth

The High Court of Australia considered an appeal from a judgment of Brooking J. of the Supreme Court of Victoria. The appeal concerned an order made by Brooking J. on 7 October 1983, which the appellant sought to have set aside. The case involved an application for special leave to appeal against this order.

The central legal issue before the High Court was the validity of an order made by Brooking J. on 7 October 1983, particularly in light of the requirements of Order 52, rule 3 of the Rules of the Supreme Court (Vict.). This rule pertains to applications for contempt of court and the identification of persons affected by such orders.

The High Court allowed the appeal, finding that the order made by Brooking J. on 7 October 1983 was invalid. The Court rescinded the grant of special leave to appeal against the earlier judgment and order of Brooking J. made on 5 October 1983. The Court ordered that the order of 7 October 1983 be set aside and made no order as to the costs of the application for special leave to appeal.