Skyring v Jones

This matter came before the High Court of Australia, with Mr A.G. Skyring appearing in person and Mr D.J. McGill instructed by the Australian Government Solicitor appearing for the respondent, Mr Frank William Dudley Jones. Mr Skyring sought to expedite proceedings by providing written submissions that addressed his concerns regarding the currency of a judgment and the reasoning of Justice Toohey, as well as a more extensive argument concerning what he perceived as a major, long-standing problem.

The central legal issues before the Court concerned the validity of statutes, the proper procedure for complex matters involving constitutional questions, and whether Mr Skyring had been afforded justice in prior proceedings. Mr Skyring contended that the fundamental case, originating from his challenge to a Taxation Commissioner's assessment in 1980, involved constitutional matters that should have been addressed by the High Court. He also raised questions about the competency of an appeal to the Federal Court and the subsequent failure of his application for leave to appeal to the High Court to proceed.

Mr Skyring argued that the reasons provided by Justice Deane had only partly illuminated the problems he sought to address, and that the essential issues raised in his action went to the validity of statutes. He highlighted the complexity of the matters and his status as a non-lawyer, which he submitted raised significant questions about correct procedure. Mr Skyring also noted that he had served notices under section 78B of the Judiciary Act 1903 (Cth) on the Commonwealth and State Attorneys-General, who did not participate in the Federal Court proceedings, and that this lack of involvement, coupled with the difficulty of his case, had led him to pursue other avenues to break down the problem.