Recent Cases

Garlett v Western Australia [2022] HCA 30 (07 September 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ)


Constitutional law (Cth) – Judicial power of Commonwealth – Jurisdiction vested in State courts – Institutional integrity of State courts – Where High Risk Serious Offenders Act 2020 (WA) (“Act”) required State court to make restriction order in relation to serious offender if satisfied that order necessary to ensure adequate protection of community against unacceptable risk that offender will commit serious offence – Where robbery specified as “serious offence” under item 34 of Subdiv 3 of Div 1 of Sch 1 to Act – Where appellant imprisoned for offences including robbery – Where State sought restriction order in relation to appellant – Whether State court acting under dictation of executive government – Whether function conferred by Act on State court incompatible with State court being repository of judicial power of Commonwealth – Whether function conferred by Act on State court compromises institutional integrity of State court.

Words and phrases – “adequate protection of the community”, “dictation from the executive”, “high risk serious offender”, “indefinite detention”, “institutional integrity”, “involuntary detention”, “Kable principle”, “preventive detention”, “protective purpose”, “public confidence in the judicial process”, “repository of federal jurisdiction”, “repository of the judicial power of the Commonwealth”, “restriction order”, “serious offence”, “unacceptable risk of harm to the community”.