Mellifont v Attorney-General of Queensland

This matter came before the High Court of Australia on an application for special leave to appeal. The applicant, Terrence Joseph Mellifont, was represented by Mr D.F. Jackson, QC, and Mr P. Nase. The respondent, the Attorney-General of Queensland, was represented by Mr G.L. Davies, QC, and Mr H.B. Fraser. The Attorney-General of the Commonwealth intervened on a specific point concerning section 73 of the Judiciary Act 1903 (Cth). The proceedings commenced with a discussion regarding the order in which the Court should address the issues, specifically whether to consider the jurisdictional objection raised by the respondent before or after the substantive merits of the special leave application.

The primary legal issues before the Court concerned its jurisdiction to hear the matter, particularly in light of a section 78B notice filed by the Queensland Attorney-General, and the substantive grounds for special leave to appeal. Counsel for the applicant proposed addressing the jurisdictional question first, albeit not exhaustively, before turning to the merits of the special leave application. The Court confirmed with all parties that they were content to proceed with the hearing on that day, despite the late notice for the Commonwealth's intervention.

The Chief Justice indicated that the Court would proceed with the case that day and would not hear beyond it before the lunch adjournment. Counsel for the applicant then indicated a readiness to commence by dealing with the question of the Court's jurisdiction. The transcript does not contain the Court's reasoning or final orders as it records only the commencement of the proceedings and the initial procedural discussions.