Mavraganis v The Queen; Barbaro v The Queen

The applicants, Mavraganis and Barbaro, sought the removal of proceedings from the Supreme Court of the Australian Capital Territory to the High Court of Australia. These proceedings concerned criminal charges brought against Mavraganis under the Drugs of Dependence Ordinance of the Australian Capital Territory. A central issue in the Supreme Court was the validity of this Ordinance and its subsequent incorporation into the Drugs of Dependence Act following the Australian Capital Territory (Self-Government) Act 1988.

The High Court was required to determine whether the proceedings before the Chief Justice of the Supreme Court of the Australian Capital Territory should be removed to the High Court. This question arose because the Chief Justice, having identified significant legal questions regarding the validity of the Ordinance and Act, and being informed that either or both applicants intended to pursue the matter further if the decision was adverse, adjourned the proceedings pending this application for removal.

The applicants contended that the matter should be removed to the High Court due to the substantial questions of law concerning the validity of the Ordinance and the Act, which were enacted under different legislative frameworks. The Chief Justice of the Supreme Court had indicated his intention to refer the matter to a full bench of his court but, upon learning of the potential for further appeal, adjourned the proceedings to allow for this application to the High Court. The High Court was therefore seized of the question of whether to exercise its power to remove the cause.