Williams v Commonwealth of Australia & Ors [2011] HCATrans 5

This matter concerned an application for special leave to appeal to the High Court of Australia. The applicant, Mr Williams, sought to challenge the validity of the *Military Rehabilitation and Compensation Act 2004* (Cth) (MRCA) and its application to him. The respondents were the Commonwealth of Australia and various other parties involved in the administration of the MRCA.

The central legal issue before the High Court was whether the MRCA, in its operation, contravened the implied constitutional prohibition against the Commonwealth conferring judicial power on non-judicial bodies. Specifically, the applicant argued that certain provisions of the MRCA, which empowered administrative decision-makers to determine claims for compensation and rehabilitation, amounted to an unlawful exercise of judicial power.

Gummow J considered the established principles regarding the separation of judicial power under the Australian Constitution. His Honour referred to the High Court's jurisprudence on the distinction between judicial and administrative functions, particularly in the context of the *Boilermakers' Case* and its progeny. The application for special leave was refused on the basis that the arguments raised did not present a sufficient prospect of success or raise a question of law of public importance that warranted the granting of special leave.