Re Reid; Ex parte Bienstein

This matter concerned an application for a constitutional writ of Mandamus and declarations brought by Mrs Helen Bienstein against the President of the Senate, Senator Margaret Reid, and a judge of the Family Court of Australia, the Honourable Paul Guest. The applicant sought to compel the President of the Senate to circulate a judgment of the Full Family Court and a transcript of a first instance hearing to all senators, and to arrange for a debate concerning the judge's alleged misbehaviour under section 72(ii) of the Constitution. The applicant also sought declarations that the judge's actions constituted a criminal offence and misbehaviour, and that a court decision finding such misbehaviour must be notified to Parliament.

The central legal issues before the Court were whether the President of the Senate was an "officer of the Commonwealth" amenable to a writ of Mandamus under section 75(v) of the Constitution, and whether the President had a duty to circulate the specified documents and arrange for a parliamentary debate regarding the alleged misbehaviour of the judge. The applicant contended that the Full Court's finding of ostensible bias against the judge constituted sufficient proof of misbehaviour to trigger a constitutional requirement for parliamentary consideration.

Kirby J considered the nature of the President of the Senate's office, noting it was a constitutional office and part of the Parliament, not the Executive Government. While acknowledging the judge was an "officer of the Commonwealth" amenable to Mandamus, his Honour expressed uncertainty as to whether the President, in her capacity as President of the Senate, was similarly amenable. The application was ultimately dismissed.