Constitutional law – Territories – Australian Capital Territory – Courts of territories – Supreme Court of Australian Capital Territory – Whether a court "created by the Parliament" – Whether s 72 applies to courts created by or pursuant to s 122.
Constitutional law – Territories – Australian Capital Territory – "Seat of government" – Source of legislative power for laws for the government of the territory – Whether s 52(i) or s 122.
Habeas corpus – Applicant sentenced to imprisonment for life following conviction for murder – Trial presided over by judge appointed otherwise than in accordance with s 72 of the Constitution – Whether applicant was duly convicted.
Words and phrases – "created by the Parliament" – "seat of government".
The Constitution, ss 1, 52(i), 61, 71, 72, 73, 75, 76, 77, 122, 125, 128.
Australian Capital Territory (Self-government) Act 1988 (Cth), ss 22, 23(1)(b), 28, 34, 36, 39(1), Pt VA.
ACT Supreme Court (Transfer) Act 1992 (Cth), ss 6, 7.
Judiciary Act 1903 (Cth), ss 30(a), 33(1)(f).
Seat of Government Acceptance Act 1909 (Cth), s 6.
Seat of Government (Administration) Act 1910 (Cth), s 4.
Supreme Court Act 1933 (ACT), ss 4A, 17.
Supreme Court (Amendment) Act (No 2) 1993 (ACT), ss 6, 11, 26, Sched 2.