Northern Territory v GPAO

[1999] HCA 8
Judgment date
Case number
D172/1997
Before
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords

Constitutional law – Federal jurisdiction – Law defining jurisdiction of federal court – Whether laws made under territories power are "laws made by the Parliament" for the purposes of s 76(ii) of the Constitution.

Constitutional law – Federal jurisdiction – Whether Family Court exercising federal jurisdiction – Judiciary Act 1903 (Cth), s 79.

Constitutional law – Inconsistency between Commonwealth and Territory laws – Whether laws incapable of concurrent operation – "Paramountcy principle".

Practice and procedure – Whether Family Court bound by Territory law – Whether Commonwealth law "otherwise provides" – Whether immunity provided for by Territory law provides a "reasonable excuse" for failure to comply with Commonwealth law – Whether obligation to produce documents excludes "public interest" privileges.

Practice and procedure – Evidence – Subpoena – Whether Evidence Act 1995 (Cth) applies to production of documents in response to a subpoena.

Words and phrases – "paramountcy principle", "federal jurisdiction", "otherwise provides", "reasonable excuse", "existing law of the Territory".

The Constitution, ss 75, 76, 77, 109, 122.

Judiciary Act 1903 (Cth), ss 79, 80.

Northern Territory (Self‑Government) Act 1978 (Cth).

Family Law Act 1975 (Cth), Pts VII (ss 65D, 65E, 69H, 69ZG), XIIIA.

Family Law Rules (Cth), O 28, r 1.

Evidence Act 1995 (Cth).

Community Welfare Act (NT), s 97(3).