Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Francuziak v Minister for Justice [2015] FCAFC 162 Citation: Francuziak v Minister for Justice [2015] FCAFC 162
Appeal from: Francuziak v The Honourable Michael Keenan MP, Minister for Justice [2015] FCA 464
Parties: PAWEL FRANCUZIAK v MINISTER FOR JUSTICE
File number: WAD 265 of 2015
Judges: SIOPIS, FLICK AND KATZMANN JJ
Date of judgment: 16 November 2015
Catchwords: PRACTICE AND PROCEDURE – leave to raise new argument on appeal – grounds relied upon before primary Judge abandoned – leave refused – appellant bound by the conduct of his case PRACTICE AND PROCEDURE – duty on primary Judge to go beyond factual and legal issues identified by the parties in public law litigation EXTRADITION – departmental brief – claim for privilege over parts – no denial of procedural fairness ADMINISTRATIVE LAW – public law litigation – duty placed on Judge to go beyond legal and factual issues as identified by the parties
Legislation: Extradition Act 1988 (Cth), s 22(3)(b) Judiciary Act 1903 (Cth), s 39B Federal Court Rules 2011 (Cth), r 20.35 Legal Services Directions 2005 (Cth), App B, item 2, note 4
Cases cited: Assistant Treasurer v Cathay Pacific Airways Ltd [2009] FCAFC 105, (2009) 179 FCR 323 Escobar v Spindaleri (1986) 7 NSWLR 51 Hamod v New South Wales [2011] NSWCA 375 Iyer v Minister for Immigration and Multicultural Affairs [2001] FCA 929, (2001) 64 ALD 9 Metwally v University of Wollongong (1985) 59 ALJR 481 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6, (2003) 214 CLR 1 Neil v Nott (1994) 68 ALJR 509 Summers v Repatriation Commission [2015] FCAFC 36, (2015) 145 ALD 30 SZIAI v Minister for Immigration and Citizenship [2008] FCA 1372, (2008) 104 ALD 22 SZKMS v Minister for Immigration and Citizenship [2008] FCA 499 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 WAJR v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 106, (2004) 204 ALR 624 Water Board v Moustakas (1988) 180 CLR 491
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