Slater v Honourable Justice Higgins [2001] FCA 549

FEDERAL COURT OF AUSTRALIA

Slater v Honourable Justice Higgins [2001] FCA 549 Courts & judicial system – application for prerogative relief against a judge of a Supreme Court and the orders made by a Supreme Court – jurisdiction of this Court to grant such prerogative relief – a judge of the ACT Supreme Court is not an officer of the Commonwealth – Court's jurisdiction to order mandamus is limited to officers of the Commonwealth – certiorari goes only to an inferior court – ACT Supreme Court is a superior court. practice & procedure – application to have applicant treated as vexatious – applicant initiated numerous proceedings relating to same issue – issue authoritatively determined by this Court against the applicant – criteria for declaring a person a vexatious litigant. Jurisdiction of Courts (Cross-Vesting) Act 1993 (ACT), s 2 Family Law Act 1976 (Cth), ss 4(1), 9(1), 9(4), 31(1), 45(2) Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), ss 3(1), 4(2), 5(6) Law and Justice Legislation Amendment Act 1997 (Cth), Schedule 12 Judiciary Act 1903 (Cth), ss 39B(1), 39B(1A) Supreme Court Act 1933 (ACT), s 3(2) Federal Court Rules, O 21 r 1(b) Slater v Honourable Jeffrey Allan Miles [1998] FCA 1370, applied The Queen v Gray; ex parte Marsh (1984-85) 157 CLR 351, applied Craig v The State of South Australia (1995) 184 CLR 163, applied Ramsey v Skyring (1999) 164 ALR 378, applied MERRILEE MARGARET SLATER v HONOURABLE TERENCE JOHN HIGGINS & ANOR A81 of 2000 MADGWICK J 10 MAY 2001 MELBOURNE (HEARD IN CANBERRA)

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A81 of 2001

DISTRICT REGISTRY

BETWEEN: MERRILEE MARGARET SLATER

APPLICANT

AND: HONOURABLE TERENCE JOHN HIGGINS

FIRST RESPONDENT

THE ATTORNEY-GENERAL FOR THE AUSTRALIAN CAPITAL TERRITORY