Re Macks; Ex parte Saint

Courts and judges – Federal courts - Jurisdiction - Orders made by Federal Court in exercise of jurisdiction conferred by cross-vesting legislation - Status of orders of Federal Court made without jurisdiction - Whether federal law can empower a federal court to make orders binding until set aside in proceedings in which that court had no jurisdiction.

Constitutional law – Inconsistency - State laws providing for rights and liabilities of persons affected by ineffective judgments of federal courts - Whether any inconsistency between State laws and Federal Court of Australia Act 1976 (Cth) and Judiciary Act 1903 (Cth) - Validity of State laws.

Constitutional law – Invalidity under Chapter III - State laws providing for rights and liabilities of persons affected by ineffective judgments of federal courts - Whether State laws confer jurisdiction upon a State court which is incompatible with Chapter III of the Constitution - Whether State laws repugnant to federal judicial power - Validity of State laws.

Constitutional writs – Applications out of time - Whether certiorari should issue to quash order of federal court made without jurisdiction.

Constitutional law – Interpretation - Substance and form - Significance of distinction - Application to elucidation of suggested inconsistency between federal and State laws and incompatibility of State laws with Chapter III of the Constitution.

Words and phrases – "ineffective judgment", "relevant order", "superior court of record".

Constitution – ss 51(xxxix), 71, 73, 75, 76, 77, 109.

Corporations (South Australia) Act 1990 (SA).

Corporations (Queensland) Act 1990 (Q).

Corporations Law – s 58AA.

Federal Courts (State Jurisdiction) Act 1999 (SA) – ss 3, 4, 6, 7, 8, 9, 10, 11, 12, 14.

Federal Courts (State Jurisdiction) Act 1999 (Q) – ss 3, 4, 6, 7, 8, 9, 10, 11, 12, 14.

Federal Court of Australia Act 1976 (Cth) – ss 5(2), 24, 33.

Judiciary Act 1903 (Cth) – ss 35, 39.