Federal Court. Are orders made by a superior court infected by jurisdictional error valid until set aside? Are orders made by an inferior court infected by jurisdictional error valid until set aside?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Are orders made by a superior court infected by jurisdictional error valid until set aside?
Question 2: Are orders made by an inferior court infected by jurisdictional error valid until set aside?
Question 3: Is it "well established that a superior court judge is not liable for anything he or she does while acting judicially, which is generally taken to mean when acting bona fide in the exercise of his or her office and under the belief that he or she has jurisdiction, though he or she may be mistaken in that belief"?
Question 4: Can it be said that "judges of courts other than superior courts are not immune if they act outside jurisdiction whether or not they did so knowingly (unless the excess of jurisdiction was caused by an error of fact in circumstances where the court had no knowledge of or means of knowing the relevant facts …)"?
Question 5: Is a superior court judge immune from civil action or liability for acts done by him or her within his or her jurisdiction?
Question 6: Does “jurisdiction”, in the context of Question 5, mean "the broad or general authority conferred on the judge and his or her court to hear and determine issues between the parties in the matter before them"?
Question 7: Does “jurisdiction”, in the context of Question 5, mean "the broad or general authority conferred on the judge and his or her court to hear and determine issues between the parties in the matter before them"?
Question 8: Do police officers and gaolers have a defence when their otherwise tortious acts were committed in the execution of an order made, or warrant issued, by an superior court which was later found to be invalid?
Question 9: Can it be said that "only officers of the court who are bound, by their office, to obey the order or warrant are afforded any protection if the order or warrants turns out to be invalid or void"?
Question 10: Can it be said that, "absent statutory protection, a police officer who arrests, or a prison officer who detains, a person on the basis of an invalid order or warrant made or issued by an inferior court, is immune or protected from civil suit if the invalidity of the order or warrant is not apparent on its face"?
The FCA answered those questions as follows: