Re Colina; Ex parte Torney

[1999] HCA 57
Judgment date
Case number
M85/1998
Before
Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords

Contempt of court – Family Court of Australia – Scandalising the court – Source of power to punish – Whether such offence must be prosecuted upon indictment.

Constitutional law – Contempt of court – Trial by jury – Whether indictable offence – Whether an offence against a law of the Commonwealth.

Courts and judges – Bias – Reasonable apprehension – Family Court of Australia – Speech by Chief Justice responding to criticisms of Court – Independence of members of the judiciary – Whether conduct or opinions of Chief Justice gives rise to a reasonable apprehension of bias on the part of trial judge.

Words and phrases – "law of the Commonwealth".

The Constitution, Ch III, ss 71, 80.

Family Law Act 1975 (Cth), ss 21, 21B, 35, 112AP.

Family Law Rules (Cth), O 35.

Judiciary Act 1903 (Cth), s 24.