Re McBain; Ex parte Australian Catholic Bishops Conference [2002] HCA 16

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

RE JOHN McBAIN SECOND RESPONDENT

EX PARTE AUSTRALIAN CATHOLIC APPLICANTS

BISHOPS CONFERENCE & ANOR

Re McBain; Ex parte Australian Catholic Bishops Conference

[2002] HCA 16

18 April 2002

C22/2000

ORDER

Application dismissed with costs.

Representation:

D F Jackson QC with J A McCarthy QC and M Christie for the applicants (instructed by Dibbs Barker Gosling)

No appearance for the first respondent

F P Hampel QC with S J Moloney for the second respondent (instructed by John W Ball & Sons)

Interveners:

R G Orr QC with R Sofroniou intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)

R J Ellicott QC with A J Tudehope intervening on behalf of the Australian Family Association (instructed by O'Hara & Company)

B W Walker SC with K L Eastman intervening on behalf of the Human Rights and Equal Opportunity Commission (instructed by the Human Rights and Equal Opportunity Commission)

C M Maxwell QC with K L Emerton intervening on behalf of the Women's Electoral Lobby (Victoria) Inc (instructed by Blake Dawson Waldron)

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

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

RE JOHN McBAIN SECOND RESPONDENT

EX PARTE ATTORNEY-GENERAL OF APPLICANT

THE COMMONWEALTH OF AUSTRALIA

EX REL THE AUSTRALIAN EPISCOPAL

CONFERENCE OF THE ROMAN

CATHOLIC CHURCH