RCB as Litigation Guardian of EKV, CEV, CIV and LRV v The Honourable Justice Colin James Forrest, One of the Judges of the Family Court of Australia & Ors

The applicants, RCB as litigation guardian for four children, sought judicial review of decisions made by the Honourable Justice Colin James Forrest of the Family Court of Australia. The proceedings concerned the welfare and best interests of the children, with the applicants challenging the validity of certain orders made by Justice Forrest. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether Justice Forrest, in making the impugned orders, had acted outside his jurisdiction or in a manner that rendered the orders void. Specifically, the applicants contended that the Family Court, through Justice Forrest's actions, had exceeded its statutory powers, thereby vitiating the orders made.

Kiefel J, delivering the judgment of the High Court, considered the scope of the Family Court's jurisdiction under the relevant legislation. The Court affirmed that judicial officers acting within their designated courts and exercising their statutory powers, even if erroneously, generally do not act outside their jurisdiction in a manner that would render their orders void. The High Court found that the decisions of Justice Forrest, while potentially subject to appeal on substantive grounds, were not void for want of jurisdiction. Consequently, the applications for judicial review were dismissed.