Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
O'Donoghue v Honourable Brendan O'Connor [2012] FCAFC 47 Citation: O'Donoghue v Honourable Brendan O'Connor [2012] FCAFC 47
Appeal from: O'Donoghue v Honourable Brendan O'Connor (No 2) [2011] FCA 985
Parties: VINCENT THOMAS O'DONOGHUE v THE HONOURABLE BRENDAN O'CONNOR, MINISTER FOR JUSTICE, THE HONOURABLE PHILIP MAXWELL RUDDOCK, FORMER ATTORNEY-GENERAL OF THE COMMONWEALTH and GRAEME NEIL CALDER
File number(s): WAD 386 of 2011
Judges: KEANE CJ, RARES & BESANKO JJ
Date of judgment: 2 April 2012
Catchwords: EXTRADITION – application for review of the Minister's decision to surrender the applicant under s 22 Extradition Act 1988 (Cth) – challenge to decisions made at several stages to the extradition proceedings – whether jurisdictional and procedural error issuing s 16 notice – whether Magistrate's s 19 determination beyond jurisdiction, unlawful, void – whether Minister made jurisdictional errors, failed to consider relevant circumstances and erred in law – speciality assurance – humanitarian considerations – whether applicant may be prejudiced at trial EXTRADITION – application for an adjournment – justifications for an adjournment of a hearing enabling counsel to appear – power to stay criminal proceedings that will result in an unfair trial – prejudice due to denial of adjournment – reagitation of matters without merit – abuse of process
Legislation: Constitution Administrative Decisions (Judicial Review) Act 1977 (Cth) Extradition Act 1988 (Cth) Judiciary Act 1903 (Cth) Treaty on Extradition between Australia and Ireland, signed 2 September 1985, [1989] ATS 9 (entered into force 29 March 1989)
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