Federal Court of Australia
CATCHWORDS ADMINISTRATIVE LAW - Bail under Extradition (Commonwealth Countries) Act 1966 - Administrative character of extradition
hearing and of bail decision - Applicability of Administrative Decisions (Judicial Review) Act and non-availability of
application to Supreme Court of a State re bail in an extradition matter - Relevance and effect of previous bail decision - Natural
justice - Error of law in use of withdrawal of bail for extraneous purpose - Judiciary Act s.78B - Whether constitutional point "really and substantially arises" - Whether s.26 of
Extradition (Commonwealth Countries) Act invalidly seeks to invest a State Court with an independent head of non-judicial
power - Whether administrative powers are conferred upon a magistrate in Extradition (Commonwealth Countries) Act as a
persona designata - Effect of alleged constitutional point depending entirely upon erroneous construction - Irrelevant legislation - Effect of sub-s.(5) of s.78B, proceedings relating to the grant of urgent relief of an interlocutory nature necessary in the interests of justice - Bail during seven day remand "of an interlocutory nature" - Review under Administrative Decisions (Judicial Review) Act is proceedings which "relate to" the grant of urgent relief of an interlocutory nature.
Judiciary Act 1903, s.78B Extradition (Commonwealth Countries) Act 1966, s.26(2)
Administrative Decisions (Judicial Review) Act 1977
Ex parte Cousens; Re Blacket (1946) 47 S.R.(NSW) 145
Ammann v. Wegener (1972) 129 C.L.R. 415 Pearce v. Cocchiaro (1977) 137 C.L.R. 600
Lamb v. Moss (1983) 49 A.L.R. 533
R. v. Murphy (1985) 61 A.L.R. 139
Riley and Butler v. Commonwealth of Australia (1983) 50 A.L.R. 593; and on appeal (1984) 57 A.L.R. 249
Prevato v. The Governor, Metropolitan Remand Centre, Wilcox J., unreported, 6/2/86
Re Groves £19731 0d.R. 310
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