Wardens of South West Mineral & Ors- Ex parte Cwealth of A

This matter concerned an application by the Commonwealth of Australia for a writ of prohibition directed to the Wardens of the South West Mineral Field and others. The Commonwealth sought to prohibit the Wardens from proceeding with an inquiry into the alleged contravention of the *Mining Act 1978* (WA) by the Commonwealth. The application was heard by McHugh J in chambers.

The central legal issue before the Court was whether the Wardens had jurisdiction to inquire into the alleged contravention of the *Mining Act 1978* (WA) by the Commonwealth. Specifically, the Court had to determine whether the Commonwealth, as a sovereign entity, was subject to the provisions of the *Mining Act 1978* (WA) in relation to its activities within the South West Mineral Field.

McHugh J considered the principle of sovereign immunity, which generally protects the Crown from suit and statutory obligations unless expressly or by necessary implication included. His Honour found that the *Mining Act 1978* (WA) did not contain any express or implied provisions that subjected the Commonwealth to its requirements. Consequently, the Wardens lacked the jurisdiction to conduct the inquiry.

The application for a writ of prohibition was granted.