French v Bremner

[2020] NSWCA 77

NSW Court of Appeal

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Interrogate

Catchwords

1. Constitutional Law (Cth)
2. › Federal jurisdiction
3. › Removal of proceedings to High Court
4. › Whether Judiciary Act 1903 (Cth) s 40(2) engaged
5. › Whether cause pending in court of a State
6. › Whether exercise of federal jurisdiction
7. › Whether appropriate to order removal
8. › Judiciary Act 1903 (Cth), ss 17, 35, 35A, 40
1. Constitutional Law (Cth)
2. › Federal jurisdiction
3. › Jurisdiction of Supreme Court to make orders as Justice of High Court sitting in Chambers
4. › Whether Judiciary Act 1903 (Cth) s 17 engaged
5. › Whether matter pending in High Court
6. › Whether application for removal can be made to Justice sitting in Chambers
7. › Constitution, s 73
1. Practice and Procedure
2. › Application to vacate hearing date
3. › COVID-19 pandemic
4. › Self-represented litigant with chronic medical condition
5. › Hearing date fixed in absence of party
6. › Whether considerations favour unrepresented litigants appearing physically

Quick Take

The Court held that s 17 of the Judiciary Act cannot be used to invoke Supreme Court jurisdiction to order removal of proceedings to the High Court, as no matter is pending until the removal order is made and the High Court Rules require two justices to determine such applications.