SUPREME COURT ACT 1970 – SECT 70
http://classic.austlii.edu.au/au/legis/nsw/consol_act/sca1970183/s70.html
Ouster of office
70 Ouster of office
Where any person acts in an office in which the person is not entitled to act and an information in the nature of quo warranto would, but for section 12, lie against the person, the Court may grant an injunction restraining the person from so acting and may (if the case so requires) declare the office to be vacant.
JUDICIARY ACT 1903 – SECT 33
http://www5.austlii.edu.au/au/legis/cth/consol_act/ja1903112/s33.html
Mandamus Prohibition Ouster of office
(1) The High Court may make orders or direct the issue of writs:
(a) commanding the performance by any court invested with federal jurisdiction, of any duty relating to the exercise of its federal jurisdiction; or
(b) requiring any court to abstain from the exercise of any federal jurisdiction which it does not possess; or
(c) commanding the performance of any duty by any person holding office under the Commonwealth; or
(d) removing from office any person wrongfully claiming to hold any office under the Commonwealth; or
(e) of mandamus; or
(f) of habeas corpus .
(2) This section shall not be taken to limit by implication the power of the High Court to make any order or direct the issue of any writ.
#QuoWarranto
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