Magistrates and registrars who exercise federal jurisdiction invalid

Monday 9th of March 8:51 PM

Magistrates and registrars who exercise federal jurisdiction invalid

If you’ve ever had court orders made against you (e.g. bankruptcy) by a magistrate or registrar in a federal court, they are invalid as a registrar and/or magistrate fails to have any federal jurisdiction under section 72 and 79 Cth Constitution. There is no head of power for a magistrate or registrar to exercise federal jurisdiction, only a judge can exercise federal jurisdiction.

Cth Constitution Sect 79 - Number of judges:

The federal jurisdiction of any court may be exercised by such number of judges as the Parliament prescribes.

There is no mention of “registrars” or “magistrates” in Sect 79.

Furthermore, in R v Davison [1954] HCA 46; (1954) 90 CLR 353, the case considered the judicial power of the Commonwealth under section 72 of the Constitution and whether or not the Federal Court of Bankruptcy could make orders relating to the bankruptcy of individuals and whether or not this was a valid exercise of judicial power.

Read R v Davison [1954] HCA 46; (1954) 90 CLR 353 (10 September 1954).