Re Owen; Ex parte Sumampow

Constitutional Law (Cth) – Inconsistency - Whether State law inconsistent with Ch III of the Constitution and Federal Court of Australia Act 1976 (Cth) providing for an appeal from a judgment of a single judge of the Federal Court to a Full Court of that Court - Whether provisions of Federal Courts (State Jurisdiction) Act 1999 (WA) ss 7(2) and 10 arguably invalid - Whether issue of invalidity determined by decisions of the High Court in Re Macks Ex parte Saint (2000) 75 ALJR 203 176 ALR 545 and Residual Assco Group Ltd v Spalvins (2000) 74 ALJR 1013 172 ALR 366 - Whether matter of validity of appeal provisions should be removed from Supreme Court of Western Australia to High Court pursuant to the Judiciary Act 1903 (Cth) s 40.

Constitutional Law (Cth) – Inconsistency - Whether State law inconsistent with Ch III of the Constitution - Validity of Federal Courts (State Jurisdiction) Act 1999 (WA) ss 6, 7, 8 and 10 - Whether question should be removed to High Court pursuant to Judiciary Act 1903 (Cth) s 40 - Whether order nisi for certiorari should be granted to quash order made in State Supreme Court - Whether validity of State law in respect of appeals already decided by Full Court of High Court - Whether certiorari reasonably arguable.

Constitutional Law (Cth) – High Court original jurisdiction - Constitutional, prerogative or other relief - Writ of certiorari sought without other relief - Whether available in High Court to judge of Supreme Court of a State - Whether available against other persons who are not the Commonwealth or officers of the Commonwealth.

High Court – Original jurisdiction - Writ of certiorari - Whether available to Judge of Supreme Court of a State.

Constitution – ss 72, 76(i).

Federal Court of Australia Act 1976 (Cth) – 24(1), 25(1).

Judiciary Act 1903 (Cth) – ss 30, 31, 33, 40.

Federal Courts (State Jurisdiction) Act 1999 (WA) – ss 6, 7, 8, 10.