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Judgment date
Case number
M80/2001
Before
Kirby J
Catchwords
Constitutional law (Cth) – The Parliament – Removal of federal court judge – Initiation of a procedure for removal – Request to President of the Senate to distribute to senators request for consideration of removal of judge of the Family Court of Australia – Full Court of that Court finds federal court judge ought to have declined to further hear case for ostensible bias – President of Senate declined to distribute documents – Whether President answerable to writ under Constitution s 75(v) – Whether President is an "officer of the Commonwealth" – Whether Mandamus should issue to require consideration by senators of request – Privileges and powers of Houses of the Parliament.
Words and phrases – "Officer of the Commonwealth" – "proved misbehaviour".
Constitution – ss 17, 18, 19, 35, 49, 72(v), 76(ii).
Judiciary Act 1903 (Cth) – s 30(a).
Family Law Rules – O 35 r 14.
The Act of Settlement 1700 (12 & 13 Will III c 2).