Re Wilson; Ex parte Coe

In this matter before the High Court of Australia, Paul Thomas Coe, the prosecutor, sought writs of prohibition and certiorari against orders made by Mr Justice Baker of the Family Court. The dispute concerned lengthy Family Court proceedings where orders had been made, not stayed, that would result in the matrimonial home being offered for sale by auction the following day.

The High Court was required to determine two principal legal issues. Firstly, whether appellate procedures were available within the Family Court that had not been pursued by the prosecutor to prevent the immediate effect of the orders. Secondly, on what grounds the High Court should grant an order nisi, which is a preliminary order requiring the respondent to show cause why the final order should not be made.

The prosecutor's submissions, which were handed up to the Court, emphasised a jurisdictional issue. The prosecutor contended that the High Court was the appropriate forum to seek a stay of proceedings, notwithstanding the non-completion of an appeal in the Full Court of the Family Court and an unsuccessful attempt to procure a stay in that court. The prosecutor's understanding of the Family Court rules was that a stay application must initially be made to the primary judge or another judge at first instance.