Keshia Dorante‑Day v Doug Martin & Anor Simon Charles Dorante‑Day & Anor v Doug Martin

[2011] HCASL 150

KESHIA DORANTE‑DAY
v
DOUG MARTIN & ANOR

SIMON CHARLES DORANTE‑DAY & ANOR
v
DOUG MARTIN & ANOR
 [2011] HCASL 150
S76/2011
S77/2011

1. The applicants seek the removal into this Court of what is said to be two proceedings now pending in the Supreme Court of New South Wales. Removal is sought under s 40 of the Judiciary Act 1903 (Cth), which requires that there be a cause or part of a cause arising under the Constitution or involving its interpretation.

2. The applicants appear to contend that the proceedings the subject of the applications answer this description because Reg 6.01 of the Superannuation Industry (Supervision) Regulations 1994 (Cth) "breaches" ss 9 and 10 of the Racial Discrimination Act 1975 (Cth). The relationship between two Commonwealth laws, one a statute and the other delegated legislation, does not give rise to constitutional questions which engage the removal power given by s 40.

3. Accordingly, the applications for removal are refused with costs.

4. Pursuant to rr 26.06.3 and 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the applications, with costs.

W.M.C. Gummow
8 September 2011 S.M. Kiefel