R v Evatt; Ex parte

The parties to this matter were the Crown (R) and Mr. Evatt, who sought a writ of prohibition against the respondent, the Australian Broadcasting Tribunal. The dispute concerned the Tribunal's jurisdiction to hear and determine an application for a licence to operate a commercial television broadcasting station in Sydney. The case was heard by the High Court of Australia.

The primary legal issue before the High Court was whether the Australian Broadcasting Tribunal had the power to grant a licence for a commercial television broadcasting station in Sydney, given that the applicant for the licence, Mr. Evatt, had not been granted a permit under section 81 of the Broadcasting and Television Act 1942 (Cth) prior to applying for the licence. The court was required to interpret the relevant provisions of the Act concerning the licensing process for commercial television broadcasting stations.

The court's reasoning focused on the interpretation of section 81 of the Broadcasting and Television Act 1942. It was held that the requirement for a permit under section 81 was a prerequisite to the Australian Broadcasting Tribunal's jurisdiction to grant a licence. Therefore, the Tribunal lacked the power to entertain an application for a licence where the applicant had not first obtained the necessary permit. The legal principle applied was that statutory requirements for the exercise of jurisdiction must be strictly adhered to.

The High Court made absolute the order nisi for a writ of prohibition, restraining the Australian Broadcasting Tribunal from proceeding with the hearing of Mr. Evatt's application for a commercial television broadcasting licence.