In the matter of an application for a writ of prohibition and certiorari directed at the Honourable Judges of the Sydney Registry of the Family Court of Australia and Mulally; Ex Parte Mulally

Case

[1988] HCATrans 158


Details
AGLC Case Decision Date
In the matter of an application for a writ of prohibition and certiorari directed at the Honourable Judges of the Sydney Registry of the Family Court of Australia and Mulally; Ex Parte Mulally [1988] HCATrans 158 [1988] HCATrans 158

CaseChat Overview and Summary

This matter concerned an application for writs of prohibition and certiorari directed to the Judges of the Sydney Registry of the Family Court of Australia, brought by Carmen Stella Mulally against Paul Leo Mulally and John Mylott. The proceedings were before the High Court of Australia.

The central legal issue before the High Court was the determination of the application for the writs of prohibition and certiorari. These writs are extraordinary remedies used to review the legality of decisions made by inferior courts or tribunals.

The High Court noted that a consent order had been signed by the solicitors for all parties, consenting to the discharge of an order nisi previously made by Justice Gaudron. Consequently, the Court made an order by consent discharging the order nisi. The matter was then adjourned *sine die*.
Details

Areas of Law

  • Administrative Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Judicial Review

  • Jurisdiction

  • Procedural Fairness