R v Ward [1978] HCA 27

High Court of Australia Gibbs A.C.J. Stephen, Mason, Jacobs and Aickin JJ. R v Ward [1978] HCA 27

ORDER Appeal allowed. Order of the Full Court set aside and in lieu thereof order that the order nisi be discharged.

Cur. adv. vult.

The Court delivered the following written judgment:—

June 22 Gibbs A.C.J., Stephen, Mason, Jacobs and Aickin JJ.

The only question before the Court for decision in this appeal is whether the District Court of Queensland has jurisdiction to try and convict a person for offences committed against s. 269 of the Bankruptcy Act 1966 Cth, as amended. The appellant contends that s. 39 (2) of the Judiciary Act 1903 Cth, as amended, which operates generally to invest federal jurisdiction in State courts, and s. 68 of the same Act confer jurisdiction on the District Court. The respondent contends that the provisions of the Bankruptcy Act displace the operation of the Judiciary Act and that jurisdiction to try offences against the Bankruptcy Act on indictment is confined to the courts enumerated in s. 27 of that Act.

Clearly the District Court of Queensland is not a court having jurisdiction in bankruptcy. The District Court is not included amongst the courts invested with jurisdiction in bankruptcy by s. 27 (1) of the Bankruptcy Act, as amended by Act No. 61 of 1976. The courts so invested with jurisdiction are the Federal Court of Australia, the Supreme Courts or the Courts of Insolvency of the various States and the Supreme Court of the Northern Territory.

Section 5 of the Bankruptcy Act provides (inter alia) that " "bankruptcy", in relation to jurisdiction or proceedings, means any jurisdiction or proceedings under or by virtue of this Act".

The first step in the respondent's argument is to say that the trial on indictment for an offence against the Bankruptcy Act constitutes "proceedings under or by virtue of this Act", which forms part of the jurisdiction invested by s. 27. Section 269 creates an offence which is punishable by imprisonment for three years.