Standing to Seek Injunctions Against Officers of the Commonwealth

Journal of Equity, Vol. 1, No. 3, pp. 3-17, 2006

Sydney Law School Research Paper No. 07/67

15 Pages Posted: 8 Nov 2007 Last revised: 25 Nov 2020

See all articles by Mark Leeming

Mark Leeming

The University of Sydney - Faculty of Law

Abstract

The equitable remedy of injunction is found in the inalienable original jurisdiction of the High Court, placed next to the prerogative writs of mandamus and prohibition. The first half of this article addresses the question why mention is made of that remedy, to the end of identifying the context and purpose. The second half of this article suggests how that context and purpose should be reflected in the principles governing the exercise of the jurisdiction conferred by s75(v). In particular, it is proposed that the existing unsatisfactory law of standing be reformulated, so as to accord with the proper scope of s75(v), namely, as providing a broadly available remedy ensuring that judicial power can restrain all excesses of Commonwealth legislative and executive power.

Keywords: injunction, standing, federal jurisdiction, equity, officer of the Commonwealth, Marbury

JEL Classification: K10, K30, K40

Suggested Citation

Leeming, Mark, Standing to Seek Injunctions Against Officers of the Commonwealth. Journal of Equity, Vol. 1, No. 3, pp. 3-17, 2006, Sydney Law School Research Paper No. 07/67, Available at SSRN: https://ssrn.com/abstract=1027546

Mark Leeming (Contact Author)

The University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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