Salew, Ex parte- Re McNaughton

The case of *Salew, Ex parte - Re McNaughton* concerned an application for a writ of prohibition brought by Mr. Salew against the respondent, McNaughton, who was a magistrate. The dispute arose from proceedings before the magistrate concerning alleged breaches of the *Trade Practices Act 1974* (Cth). Mr. Salew sought to prohibit the magistrate from continuing to hear and determine these proceedings.

The central legal issue before the High Court of Australia was whether the magistrate had jurisdiction to hear and determine the charges laid under the *Trade Practices Act 1974*. Specifically, the Court had to consider whether the alleged conduct constituted an offence under the Act, and if so, whether the proceedings were properly instituted and conducted before the magistrate.

The High Court, in its joint judgment, determined that the magistrate lacked jurisdiction. The Court reasoned that the alleged conduct, as described in the charges, did not disclose an offence known to the law under the *Trade Practices Act 1974*. The Court applied the principle that a court or tribunal can only exercise jurisdiction conferred upon it by statute, and that where the foundational elements of a statutory offence are not made out, jurisdiction cannot be assumed. Consequently, the Court found that the proceedings before the magistrate were a nullity.

The High Court made absolute the order nisi for a writ of prohibition, thereby prohibiting the magistrate from further hearing or determining the proceedings.