Federal Court of Australia
CATCHWORDS
ADMINISTRATIVE LAW - Review of decisions (in applications by Israel for extradition for stealing of ship) to commit fugitives to await warrant of the Attorney-General - Whether review 1s only under the Extradition (Foreign States) Act s.18 or whether Administrative Decisions (Judicial Review) Act 1s also available - Bail - Natural justice - Refusal of adjournment application - Whether document not duly authenticated could be admitted on alternative grounds - Whether Article V of the Treaty and s.14 of the Act referring to prejudice alleged to be likely to be suffered at a trial by reason of the fugitives' "race, religion, nationality or political opinions" can be raised as a defence before the magistrate or 1s a matter solely for' the Attorney-General - effect of ss.10 and 11 of the Act to enable a defence in the Treaty to be raised - Construction of the Act - Effect of s.18(3) and necessity to tender before magistrate evidence sought to be relied upon in review - Meaning of "reasonable grounds for believing that ... the person might ... be prejudiced at his trial" - Irrelevance of Fugitive Offenders Act 1881 - Whether honest claim of right had been negatived a question for the magistrate.
Extradition (Foreign States) Act 1966, ss.6, 10, 11, 13, 14, 17,
18, 18A, Fugitive Offenders Act 1881, s.19
Extradition (State of Israel) Regulations
Prevato v. The Governor, Metropolitan Remand Centre (1986) 8 ¥F.C.R. 358
Watson v. Watson (1968) 70 S.R.(NSW) 203
Mudginberr1 Station Pty. Ltd. v. The Australasian Meat Industry Employees Union, unreported, Sweeney, Pincus and Burchett JJ., 26 June 1986
Bloch v. Bloch (1981) 37 A.L.R. 55
Maxwell v. Keun [1928] 1 K.B. 645
E.G. & H. Nominees Pty. Ltd. v. General Mutual Insurance Co. Ltd. (in liguidation) (1976) 50 A.L.J.R. 460
Riley v. Evans (1983) 50 A.L.R. 593; and on appeal Commonwealth of Australia v. Riley (1984) 57 A.L.R. 249
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