Simmonds v Strickland J

Case

[2021] HCASL 56


SIMMONDS

v

STRICKLAND J & ORS

[2021] HCASL 56
P50/2020

  1. The applicant seeks leave to appeal from an order of Bell and Gageler JJ dismissing the applicant's application for writs of certiorari and prohibition under s 75(v) of the Constitution directed to the Full Court of the Family Court of Australia.  Bell and Gageler JJ dismissed the application on the grounds that it was inappropriate to invoke the original jurisdiction of this Court to challenge a decision amenable to appeal, there was no arguable basis for the relief sought and the application was an abuse of the process of the Court.

  2. There is no reason to doubt the correctness of the decision of Bell and Gageler JJ.  The application should be dismissed.

  3. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

M.M. Gordon S.H.P. Steward
8 April 2021
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