Federal Court of Australia
Federal Court of Australia
Attorney-General (Cth) v Ogawa [2020] FCAFC 180 Appeal from: Ogawa v Attorney-General (No 2) [2019] FCA 1003
File number: QUD 455 of 2019
Judgment of: ALLSOP CJ, FLICK AND GRIFFITHS JJ
Date of judgment: 28 October 2020
Catchwords: ADMINISTRATIVE LAW – judicial review of executive power under s 61 of the Constitution – whether advice tendered by Attorney-General to Governor-General regarding petition for mercy is amenable to judicial review – whether Attorney-General's power to refer a matter pursuant to s 672A of the Criminal Code 1899 (Qld) is amenable to judicial review
Legislation: Constitution ss 61, 75 Administrative Decisions (Judicial Review) Act 1977 (Cth) Criminal Code Act 1995 (Cth) ss 474.15, 474.17 Judiciary Act 1903 (Cth) ss 39B, 68, 71, 79 Criminal Code 1899 (Qld) Ch 67, s 672A Judicial Review Act 1991 (Qld) s 7 Sentencing Act 1995 (WA) s 140 Australian Courts Act 1928 (Imp) s 5
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