Federal Court of Australia
Judgement No./O35,.4_]
EXTRADITION - pending appeal to Full Court ~- joinder of Director of Public Prosecutions - role of Director of Public Prosecutions in extradition proceedings - expedited appeal - bail application pending appeal ~ power of single judge - no power under s.23 Federal Court of Australia Act ~- whether power under 0.53 r.35 - whether "criminal case" - principles governing exercise of power to release on bail - policy of Extradition (Foreign States) Act 1966 - anomalous provisions relating to bail - exceptional
circumstances required to warrant grant of bail pending appeal -
bail application rejected.
Federal Court of Australia Act ss. 23, 25, 59, 59(2)(£) Extradition (Foreign States) Act ss.17(6), 18A(6) Federal Court Rules 0.52 r.35
Federal Republic of Germany v Schlieske (unreported Sweeney J. 24/10/86) (
Amrit Lal Narain v Director of Public Prosecutions (unreported Full Court 9/2/87)
Bercove v Hermes {No.2) (1983) 51 ALR 105
Amand v Home Secretary [1943] AC 147
Zacharia v Republic of Cyprus [1963] AC 634
Re: Groves [1973] Qd.R. 310
Rv Phillips (1922) 38 TLR 897
ARTHUR JAMES HEMPEL and LAURENCE ETHEREDGE v KENNETH MOORE WAG 125 of 1986
FRENCH J. 9 March 1987 Perth
FEDERAL COURT AUSTRALIA. OF
PRINCIPAI REGISTRY
IN THE FEDERAL COURT OF AUSTRALIA
DISTRICT REGISTRY
) ) WESTERN AUSTRALIA ) ) )
GENERAL DIVISION
No. WAG 125 of 1986
ON APPEAL FROM MR_ JUSTICE BURCHETT
BETWEEN: ARTHUR JAMES HEMPEL AND
LAURENCE ETHEREDGE Appellants
and
KENNETH MOORE Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 9 MARCH 1987 WHERE MADE: PERTH
THE COURT ORDERS THAT:
1.
The Director of Public Prosecutions be joined as second respondent to the appeal.
The appeal be expedited to the extent necessary to enable it to be listed at the sittings of the Full Court in Perth commencing 19 May 1987.
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