Re Skyring

This matter concerned an application for leave to appeal before the High Court of Australia, brought by Mr. A.G. Skyring. Mr. Skyring sought to utilise a legal process, which he acknowledged as unusual, to address fundamental matters he believed could not be addressed in other forums. Justice Dawson questioned whether the process Mr. Skyring sought to employ was appropriate for his intended purpose, irrespective of the merits of his case.

The central legal issue before the Court was whether the writ of certiorari, a process typically used to remove the record of an inferior tribunal for correction, could be applied to Acts of Parliament. Mr. Skyring contended that historically, such writs could be used to bring all manner of official documents before the courts, and that while the separation of executive and judicial functions had led to a more restricted application of these writs, the judiciary should still have the power to determine if matters were of sufficient moment to warrant judicial intervention.

Justice Dawson raised the point that certiorari is specifically for the removal and correction of records of inferior tribunals, and questioned its applicability to legislation. Mr. Skyring argued that the historical evolution of these writs, dating back to the 1300s, allowed for their use in a broader sense, including the review of official documents. He suggested that the modern practice, which he perceived as having evolved since around 1700 to focus on setting aside judgments that are bad on their face, represented a restricted application of the writ. Mr. Skyring posited that there should be a mechanism to halt decisions that, while made in good faith, would lead society in a detrimental direction.