R v Federal Court of Australia; Ex parte Pilkington ACI (Operations) Pty Ltd

The High Court of Australia was asked to determine whether the Federal Court of Australia had acted in excess of its jurisdiction in making certain orders in proceedings between Pilkington ACI (Operations) Pty Ltd and the Australian Broadcasting Tribunal. The dispute concerned the Tribunal's power to compel the production of documents and to grant interlocutory relief.

The central legal issue before the High Court was whether the Federal Court had the power to grant an injunction to restrain the Australian Broadcasting Tribunal from continuing with its inquiry into the affairs of Pilkington ACI (Operations) Pty Ltd. This involved considering the scope of the Federal Court's supervisory jurisdiction over administrative tribunals and the circumstances under which it could intervene to prevent apprehended excess of power.

The High Court held that the Federal Court did have the power to grant such an injunction. Their Honours reasoned that the Federal Court's jurisdiction under s 75(v) of the Constitution to issue writs of mandamus, prohibition, and injunctions against officers of the Commonwealth, which includes statutory tribunals like the Australian Broadcasting Tribunal, was not limited by the fact that the Tribunal was exercising a statutory power. The Court emphasised that the supervisory jurisdiction of the Federal Court was a crucial safeguard against administrative overreach and that the court was empowered to intervene where a tribunal was acting, or proposing to act, in excess of its statutory authority.

The High Court made absolute the order nisi for a writ of prohibition, thereby quashing the proceedings before the Australian Broadcasting Tribunal.