Shane Cuthbert Lodges Special Leave Application to the High Court of Australia
1st August, 2023
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.
You can access the full decision here.
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.
You can access the full decision here.