Re McBain
| Jurisdiction | Australia Federal only |
| Judge | Gleeson CJ,Gaudron,Gummow JJ,McHugh J,Kirby J,Hayne J,Callinan J |
| Judgment Date | 18 April 2002 |
| Neutral Citation | [2002] HCA 16,2002-0418 HCA B |
| Court | High Court |
| Docket Number | C22/2000 |
| Date | 18 April 2002 |
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131 cases
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Attorney General of the Cayman Islands v James Cleaver & Company and Others
... ... There is a general public interest in the prosecution of offences. The Attorney General is an appropriate constitutional officer to be heard by the court having regard to his role representing the public interest." ... 26 Finally, the Board notes In re McBain , ex p. Australian Catholic Bishops Conference [2002] HCA 16 , where the High Court refused an application by the Attorney General of the Commonwealth of Australia to intervene in order to pursue an appeal against a judgment given in first instance proceedings in relation to which no party below ... ...
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Combet v Commonwealth
...at 54–55 [143]–[144]. 251Brown v West (1990) 169 CLR 195. 252 They relied on Re McBain; Ex parte Australian Catholic Bishops Conference (2002) 209 CLR 372. See eg at 449 254 (1975) 134 CLR 338 at 364. In the United States, in a number of cases the Supreme Court has found particular appropri......
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1 firm's commentaries
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Compulsory Examination Of Employee Not Tantamount To Compulsion Of Corporate Accused
...in the criminal proceedings in a fundamental way. The High Court Overrules In Commonwealth of Australia v Helicopter Resources Pty Ltd [2002] HCA 16, the High Court held that the compulsory pre-trial examination of an employee in circumstances where s 87(1)(b) of the Uniform Evidence Law ha......
29 books & journal articles
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Griffith University V Tang, ‘Under an Enactment’ and Limiting Access to Judicial Review
...(Qld) (1991) 173 CLR 289, 303, 316, 321–2; Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 ('Ainsworth'), 582. 94 (2002) 209 CLR 372 ('Re McBain'). 95 Ibid 382 (Gleeson CJ), citing In re Judiciary and Navigation Acts (1921) 29 CLR 257, 267. 540 Federal Law Review Volume 33 ______......
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Human Rights Protection in Australia: Interpretation Provisions and Parliamentary Supremacy
...The High Court upheld the decision but did not consider the question of inconsistency: Re McBain; Ex parte Catholic Bishops Conference (2002) 209 CLR 372. For analysis of the McBain litigation, see Kristen Walker, 'The Bishops, The Doctor, His Patient, and the Attorney-General: The Conclusi......
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Judicial Review of Non-Statutory Executive Powers
...555 [118] (Gaudron J), 570 [164] (Gummow and Hayne JJ), 585 [215] (Kirby J); Re McBain; Ex parte Australian Catholic Bishops Conference (2002) 209 CLR 372, 388–9 [3]–[4], 396 [25]–[26] (Gleeson CJ), 405–6 [62], 408 [72], 410 [76] (Gaudron and Gummow JJ), 449 [204] (Kirby J), 458–9 [242], 46......
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Federal Constitutional Influences on State Judicial Review
...Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57, 122–3 [211]–[212]; Re McBain; Ex parte Australian Catholic Bishops Conference (2002) 209 CLR 372 at 439–440 [173]; Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 77 ALJR 1165 at 1185 [122]. 11......
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