Mavraganis v The Queen; Barbaro v The Queen

The High Court of Australia, constituted by Mason CJ, heard applications by Mavraganis and Barbaro for the removal of criminal proceedings pending in the Supreme Court of the Australian Capital Territory into the High Court.

The primary legal issue before the High Court was whether the applicants' contentions had sufficient prospects of success to justify the removal of the cause, or part thereof, into the High Court.

Mason CJ, delivering the judgment of the Court, concluded that the applicants' arguments lacked sufficient prospects of success in the context of the criminal proceedings. Consequently, the Court refused the application for removal. The applicants also sought an order for costs, but this was not pressed, and the Court made no order as to costs, consistent with the general practice in criminal proceedings.