Re The Hon Nicholson CJ of Family Court of Aust- Ex parte Schorel

This matter concerned an application by Mr Schorel for a writ of prohibition directed to the Chief Justice of the Family Court of Australia, the Honourable Nicholson CJ. The application sought to prevent the Chief Justice from proceeding with a hearing concerning allegations of contempt of court against Mr Schorel.

The central legal issue before Dawson J was whether the Chief Justice had jurisdiction to hear and determine the contempt proceedings against Mr Schorel. Specifically, the question was whether the Chief Justice, in his capacity as Chief Justice, was a "court" for the purposes of the *Judiciary Act 1903* (Cth) and therefore capable of being prohibited by a writ of prohibition issued by a single Justice of the High Court.

Dawson J reasoned that the Chief Justice, when presiding over the Family Court, was acting as a judge of that court. However, the Chief Justice, in his personal capacity, was not a "court" in the sense contemplated by the *Judiciary Act*. Therefore, a writ of prohibition could not be directed to him personally. The application was dismissed.