Federal Court of Australia
Administrative Law - judicial review - appellant brought before a justace of the peace in Western Australia under warrants for his apprehension issued in Queensland under the Service and Execution of Process Act (SEP Act) and endorsed thereunder for execution in Western Australia - refusal of application for judicial review of decision ordering return of appellant to Queensland - appeal - whether court has jurisdiction under Administrative Decisions (Judicial Review) Act to review a decision under s.18 of the SEP Act - whether reference in s.18 of SEP Act toa "law of a State" includes a reference to s.57 of the Justices Act (Qld) as applied by the Judiciary Act - consideration of purpose for enactment of SEP Act - examination of legislative scheme whereby Judiciary Act applies to Justices Act (Qld) in respect of offences against Commonwealth laws - observations concerning elements of a crime of conspiracy - application of sub-para 10(2)(b)(ii) of Judicial Review Act to s.19 of SEP Act - whether in the circumstances s.9 of Judicial Review Act deprives State Supreme Court of jurisdiction under s.19 of SEP Act - consideration of s.10 of the Judicial Review Act and the exercise of discretion thereunder -
when discretion should be exercised
Practice and Procedure - circumstances in which a ground not raised on pleadings or argued at first instance may be argued on appeal
Words and Phrases - "law of a State", "review"
Administrative Decisions (Judicial Review) Act 1977 sub-s.3(1); paras 5(1)(c) and (e); 5(2)(b); s.9;7 para 10(2)(b)
Service and Execution of Process Act 1901 ss.18, 19
Crimes Act 1914 para. 86(1)(e)
Judiciary Act 1903 sub-ss. 68(1) and (2) Constitution s.51(xxiv)
Justices Act, 1886 (Qld) s.57
RONALD WARREN WOSS v. JOHANNES JACOBSEN and CON ZEMPILAS
No. WA G104 of 1984
TOOHEY, DAVIES & SPENDER Jd. 5 JUNE 1985
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