Secretary Department of Health and Community Services v JWB

The matter before the High Court of Australia concerned an appeal by the Secretary of the Department of Health and Community Services. The appeal arose from a determination made by the Human Rights and Equal Opportunity Commission. The Attorney-General of the Northern Territory was also involved in the proceedings.

The central legal issue before the Court was the determination of factual matters relevant to the appeal. However, the Court indicated that its concern was with questions of law that had been referred to it, rather than the factual determinations themselves.

The Court, through Chief Justice Mason, stated that the determination of factual matters did not concern the Court, as it had been asked to answer questions of law. The Court had already answered these questions of law. Consequently, the appeal was adjourned *sine die*.