Federal Court of Australia
CA'TTCHWORDS
Extradition under Extradition (Poreign States) Act - Extradition
(Federal Republic of Germany) Regulations - Failure of State
seeking extradition to tender Attorney-General's notice and
warrant of apprehension - Warrant attached to Court papers and recital of notice in it relied upon - Whether recital in a warrant is evidence - Whether presumption of regularity applicable - Whether without evidence of date of
Attorney-General's notice amending regulations could be applied — Whether repeal and amendment of regulations could operate retrospectively if an Attorney-General's notice had already
issued - Court not satisfied of validity of Magistrate's
decision.
Extradition (Foreign States) Act 1966,ss. 10, 11, 12, 15, 16, 17, 17A, 18 Acts Interpretation Act 1901, ss.48(1)(b), 50
SCHLIESKE -V- FEDERAL REPUBLIC OF GERMANY & ANOR.
NSW G.236 of 1987
Burchett J. Sydney 3 July 1987
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G.236 of 1987
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GENERAL DIVISION
BETWEEN:
JENS INGO SCHLIESKE
Applicant AND: FEDERAL REPUBLIC OF GERMANY First Respondent AND:
DENIS ERIC CULLEN
Second Respondent
MINUTE OF ORDER OF THE COURT
Judge Making Order: Burchett J. Where Order Made: Sydney Date of Order: 3 July 1987
THE COURT ORDERS THAT:
(1) The applicant be released.
(2) The respondent Federal Republic of Germany pay the applicant's costs of the application.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G.236 of 1987
GENERAL DIVISION
BETWEEN:
JENS INGO SCHLIESKE
Applicant AND: FEDERAL REPUBLIC OF GERMANY First Respondent AND:
DENIS ERIC CULLEN
Second Respondent
REASONS FOR JUDGMENT
BURCHETT J.
In this matter the applicant seeks a review of the validity of a decision made by the second respondent, a Magistrate, in extradition proceedings brought at the request of the first respondent, the Federal Republic of Germany (the Federal Republic). The review is sought under s.18 of the
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