McGinty & Ors v The State of Western Australia

The parties in this matter were the plaintiffs, represented by Mr. P.W. Johnston and Mr. P.G. Laskaris, and the defendant, the State of Western Australia, represented by Ms. C.A. Wheeler. The Commonwealth Attorney-General, represented by Mr. C.R. Staker, intervened in the proceedings. The dispute concerned a summons for an order under section 18 of the Judiciary Act for a case to be stated to the Full Court of the High Court of Australia. The core of the matter involved determining whether the case stated required consideration by all seven justices of the High Court or if it could be heard by a lesser number.

The legal issues before the court were primarily procedural, focusing on the proper constitution of the court to hear the case stated and the agreement on the terms of that case. The plaintiffs sought an order for the case to be stated, with all questions reserved for the Full Court, as set out in annexure A to the summons. While there was consent to the general principle of stating the case, minor typographical corrections were required to annexure A before it could be formally agreed upon. The court also considered the timing of a potential hearing, acknowledging that the assembly of a seven-person court might be delayed.

The court's reasoning centred on reaching an agreement between the parties regarding the precise wording of the case stated. Both the plaintiffs and the defendant indicated their consent to the order for the case to be stated, subject to the resolution of a few minor typographical errors. These errors were identified and agreed upon by counsel, ensuring clarity and accuracy in the document. The court indicated its intention to make an order for the case to be stated in the agreed terms, while deferring the fixing of a hearing date due to the current impossibility of doing so.