Moore & Ors v Commonwealth of Australia
[2022] HCASL 114
MOORE & ORS
v
COMMONWEALTH OF AUSTRALIA
[2022] HCASL 114
C5/2022
This application for removal into this Court of the whole of the cause pending in the Federal Court of Australia should be refused. It is not clear that the proceeding is properly constituted or that the applicants have an arguable cause of action. The scope of the factual questions that may require determination and whether the proceeding can be decided on non-constitutional grounds can also not be identified until the proper parties and the cause or causes of action are known. Accordingly, the constitutional issue sought to be raised is not ripe for decision. Further, there is nothing to indicate that the proceeding requires this Court's urgent decision.
Pursuant to r 26.07.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.
S.J Gageler J.S Gleeson 16 June 2022
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