Skyring, Alan George v Telecom Australia

In the Federal Court of Australia, Queensland District Registry, General Division, Alan George Skyring brought an application against Telecom Australia. The applicant sought a judicial review of a decision by Telecom Australia to disconnect his telephone service. The basis for the application was the contention that the decision infringed upon the applicant's constitutional rights under section 115 of the Commonwealth Constitution, which prohibits the states from issuing currency. The court was required to determine whether the decision by Telecom Australia to disconnect the applicant's telephone service constituted a reviewable decision under the Administrative Decisions (Judicial Review) Act 1977 and whether the decision infringed upon the applicant's constitutional rights.

The court found that the decision by Telecom Australia did not constitute a reviewable decision under the Act. The court held that the Currency Act 1965 governed the discharge of obligations, and the applicant could discharge his obligations by tendering a sufficient number of notes or coins constituting legal tender. The court also found that the applicant's argument regarding the infringement of his constitutional rights was not relevant to the matter before the court. The court held that the question of whether it was desirable to return to the gold standard or to cease issuing paper money was a matter for Parliament and not for the court. The court found that the applicant's submissions were directed to raising the question of the currency system and the implications, if any, of section 115 of the Constitution on that matter. However, the court held that the position was as indicated in the judgment of McPherson J., and no reviewable error appeared in respect of the application.

The court ordered that the application be refused with costs to be taxed. The applicant was required to pay the costs of the respondent. The court held that the applicant's submissions were not sufficient to establish a reviewable error in the decision of Telecom Australia to disconnect the applicant's telephone service. The court held that the applicant's argument regarding the infringement of his constitutional rights was not relevant to the matter before the court. The court held that the question of whether it was desirable to return to the gold standard or to cease issuing paper money was a matter for Parliament and not for the court. The court found that the applicant's submissions were directed to raising the question of the currency system and the implications, if any, of section 115 of the Constitution on that matter. However, the court held that the position was as indicated in the judgment of McPherson J., and no reviewable error appeared in respect of the application.