Federal Court of Australia
ADMINISTRATIVE LAW - extradition - taking by magistrate of evidence required to secure extradition of fugitive to Australia - nature of proceedings - whether cross~examination can or should be permitted - whether magistrate an "officer of the Commonwealth"
for this purpose.
Administrative Decisions (Judicial Review) Act 1977 3.16 Judiciary Act 1903 s.39B Extradition (Foreign States) Act 1966 ss.27 and 27A, Form 9.
ROBERT TRIMBOLE v JOHN DUGAN S.M. and
THE ATTORNEY-GENERAL FOR THE COMMONWEALTH OF AUSTRALIA No. VG 285/1984
Woodward J. Melbourne 2 November 1984
N_ THE COURT OF AUS IA
R S' v4 No. VG 285/1984
GENERAL DIVISION
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BETWEEN:
(¢) T E Applicant
and
OHN DUGAN S.M.
and NEY -GEN L FO COMMONWEALTH OF AUSTRALIA Respondents
ORDER
JUDGE MAKING ORDER : Woodward J.
DATE OF ORDER 2 November 1984
WHERE MADE
Melbourne
THE COURT ORDERS THAT:
1. The application for an order to review and the notice of motion for an injunction be dismissed with costs.
2. The interim injunction previously granted be dissolved.
IN THE OURT AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) No. VG 285/1984 ) G IVISION ) BETWEEN : ROBERT TRIMBOLE Applicant and
JOHN DUGAN S.M.
and THE ATTORNEY-GENERAL FOR THE COMMONWEALTH OF AUSTRALIA Respondents JUDGE: Woodward J. DATE: 2 November 1984
~-TEMPORE JUDGMENT
There are two matters before the court. The first is an
application for an order to review pursuant to the Administrative
Decisions (Judicial Review) Act 1977. The second is a notice of
motion for an injunction pursuant to section 39B of the Judiciary Act 1903. In its original form that notice of motion also sought awrit of prohibition, but that claim has been abandoned in the
course of argument.
Each of these proceedings was commenced today, was by consent made returnable today and is to be finally disposed of at this hearing. The relief which is sought takes the form of injunctions to prevent Mr Dugan, Stipendiary Magistrate, from certifying, or transmitting to the Attorney-General for the
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