Hickey & Attorney-General for the Commonwealth of Australia

The Full Federal Court heard an appeal by Hickey against the Attorney-General for the Commonwealth of Australia. The dispute concerned the validity of a notice issued under section 39B(1) of the *Judiciary Act 1903* (Cth) by the Attorney-General, seeking to remove proceedings from the Federal Court to the High Court. Hickey had commenced proceedings in the Federal Court seeking declarations and injunctions against the Commonwealth, alleging breaches of constitutional and statutory obligations.

The primary legal issue before the Full Federal Court was whether the Attorney-General's notice under section 39B(1) of the *Judiciary Act* was a valid exercise of power. Specifically, the court had to determine if the notice was a "proceeding" within the meaning of the section, and if the Attorney-General had the power to issue such a notice to remove proceedings that had already been commenced in the Federal Court. The court also considered whether the notice was an abuse of process or otherwise invalid.

The Full Federal Court held that a notice issued under section 39B(1) of the *Judiciary Act* is not a "proceeding" for the purposes of that section. The court reasoned that the section contemplates the removal of existing proceedings, not the initiation of a new process by the Attorney-General. Therefore, the Attorney-General did not have the power to issue the notice to remove Hickey's commenced proceedings to the High Court. The court found that the notice was invalid and of no effect.