Edelsten v His Honour Judge Ward QC

The applicant, Edelsten, sought a writ of prohibition against His Honour Judge Ward QC, seeking to prevent the judge from continuing proceedings in the District Court. The dispute concerned allegations of professional misconduct against Edelsten, which were being heard by Judge Ward.

The primary legal issue before the Court of Appeal was whether Judge Ward had jurisdiction to hear and determine the proceedings against Edelsten. Specifically, the court had to consider whether the proceedings constituted a "civil proceeding" within the meaning of the relevant legislation, and if so, whether the judge had the power to make certain orders sought by the parties.

The Court of Appeal held that the proceedings before Judge Ward were not a "civil proceeding" as contemplated by the relevant legislation. The court reasoned that the nature of the inquiry into professional misconduct was disciplinary and regulatory, rather than a dispute between private parties over civil rights or liabilities. Consequently, Judge Ward lacked the necessary jurisdiction to hear and determine the matter.

The Court of Appeal made absolute the order nisi for prohibition, preventing Judge Ward from continuing the proceedings.