SHANE CUTHBERT JOINS TRISTAN COCKMAN (COCKMAN v GORMAN WA)
IN HIGH COURT ACTIONS AGAINST THE AUSTRALIAN LABOR PARTY IN QLD AND WA
Today, Shane Cuthbert lodges a Special Leave to Appeal Application in the High Court of Australia against the decision of Justices Bond JA, Boddice and Freeburn JJ. In summary, Justice Bond agrees with the Supreme Court decision of Bradley J, followed by others and does highlight Cameron v Hogan in that, a lower Court such as, the Supreme and/or Court of Appeal cannot go against a decision of the High Court of Australia. It follows then that, an application should be made to the High Court of Australia to settle the matter of justiciability in political matters once and for all.
This follows the decision of 14th July by the Court of Appeal where, The Court again determined the preliminary issue of Justiciability in the Brisbane Court of Appeal, ultimately deciding in favour of the ALP finding that, matters concerning the internal decisions and inner working of political parties were not justiciable and that the Courts do not have the jurisdiction to hear Shane Cuthbert's matter.
The Decision of Cuthbert v Abbott & Ors follows other similar decisions in Australia, following the Cameron v Hogan decision of the High Court in 1932 that, Courts do not have jurisdiction to decide/interfere with matters of political parties. Cockman v Gorman is a WA matter involving Tristan Cockman and a similar dispute against the ALP listed for determination by the High Court tomorrow. Both Cockman and Cuthbert have made applications to the High Court to have their matters joined as they regard similar questions of law and have asked that the determination of Cockman be stood aside to allow for the proceedings to be joined.
Further, both Cockman and Cuthbert claim that s71 of the Australian Constitution provides that the Courts will have the power to determine all matters of law and disputes amongst its people (Australians) and that the ALP rules ousting the jurisdiction of the Courts goes against the Constitution. The High Court must now consider this matter and each State and Territory Attorney-General notified.
This follows the decision of 14th July by the Court of Appeal where, The Court again determined the preliminary issue of Justiciability in the Brisbane Court of Appeal, ultimately deciding in favour of the ALP finding that, matters concerning the internal decisions and inner working of political parties were not justiciable and that the Courts do not have the jurisdiction to hear Shane Cuthbert's matter.
The Decision of Cuthbert v Abbott & Ors follows other similar decisions in Australia, following the Cameron v Hogan decision of the High Court in 1932 that, Courts do not have jurisdiction to decide/interfere with matters of political parties. Cockman v Gorman is a WA matter involving Tristan Cockman and a similar dispute against the ALP listed for determination by the High Court tomorrow. Both Cockman and Cuthbert have made applications to the High Court to have their matters joined as they regard similar questions of law and have asked that the determination of Cockman be stood aside to allow for the proceedings to be joined.
Further, both Cockman and Cuthbert claim that s71 of the Australian Constitution provides that the Courts will have the power to determine all matters of law and disputes amongst its people (Australians) and that the ALP rules ousting the jurisdiction of the Courts goes against the Constitution. The High Court must now consider this matter and each State and Territory Attorney-General notified.