Local Government Association of Queensland (Inc) v Queensland; Ex parte Attorney-General (Q) [2001] HCA 75

HIGH COURT OF AUSTRALIA

KIRBY J

LOCAL GOVERNMENT ASSOCIATION OF QUEENSLAND (INCORPORATED) APPLICANT

AND

THE STATE OF QUEENSLAND RESPONDENT

EX PARTE THE ATTORNEY-GENERAL OF THE STATE OF QUEENSLAND

Local Government Association of Queensland (Inc) v Queensland; Ex parte Attorney-General (Q) [2001] HCA 75

12 October 2001

B81/2001

ORDER

1. On the application of the Attorney-General of Queensland, I remove the cause pending in the Supreme Court of Queensland between Local Government Association of Queensland (Incorporated) and State of Queensland, Brisbane Registry No S8801 of 2001 into this Court pursuant to s 40(1) of the Judiciary Act.

2. On the application of the Local Government Association of Queensland (Incorporated), I make the usual order for remitter of the cause to the Supreme Court of Queensland pursuant to s 42 of the Judiciary Act.

3. The costs of the proceedings before this Court today will be costs in the cause so remitted.

4. I certify for the attendance of counsel in chambers.

Representation:

R I Hanger QC with K N Wilson for the applicant (instructed by King & Company)

P A Keane QC, Solicitor-General of the State of Queensland with G R Cooper for the respondent and for the Attorney-General of the State of Queensland (instructed by Crown Solicitor for Queensland)

Intervener:

D M J Bennett QC, Solicitor-General of the Commonwealth with G A Hill intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Local Government Association of Queensland (Inc) v Queensland; Ex parte Attorney-General (Q)

High Court – Practice – Removal of a cause arising under the Constitution – Removal from Supreme Court of a State to the High Court of an application made on behalf of the Attorney-General of a State – Whether remitter of cause so removed to the Supreme Court is permissible having regard to the right of remitter − Whether in the circumstances such remitter should be ordered – High Court unable to hear and determine cause in time for provision of relevant relief – Relevance of desirability of securing reasoned decision of the Supreme Court.