DJL v The Central Authority

[2000] HCA 17
Judgment date
Case number
S75/1999
Before
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords

Appeal – Family Court of Australia granted certificate under s 95(b) of Family Law Act 1975 (Cth) regarding "important questions of law and public interest" – Whether Family Court has power to set aside its own perfected orders – Scope of inherent powers of common law courts – "Slip rule" – Ambit of appellate jurisdiction determined by the terms of the statute granting right of appeal – Impermissibility of applying common law analogies to statutory courts.

Family Law – Family Court of Australia – Orders of Full Court – Orders perfected – Whether Full Court has inherent or implied power to set aside orders.

Practice – High Court – Appeal – Certificate by Family Court of Australia – Family Law Act 1975 (Cth) – Validity of requirement of – Specification of question certified.

Words and phrases – "inherent jurisdiction", "inherent power", "superior court of record", "slip rule".

Constitution – ss 71, 73.

Family Law Act 1975 (Cth) – ss 93A, 95.

Files
17.rtf (515.69 KB)
17.pdf (300.8 KB)