Tieken v The Queen [1995] FCA 896

CATCHWORDS

PRACTICE AND PROCEDURE - whether Director of Public Prosecutions of the Commonwealth, having availed himself of s. 30A of the Federal Court of Australia Act, could then discontinue - construction of Order 22 rule 2 of the Rules - leave granted. Federal Court of Australia Act 1976, ss. 25 and 30A Federal Court Rules, Order 22 rule 2 IN THE MATTER OF A SUBMISSION PURSUANT TO SECTION 30A OF THE FEDERAL COURT OF AUSTRALIA ACT 1976 OF A QUESTION OF LAW FOR THE DETERMINATION OF A FULL COURT OF THE FEDERAL COURT OF AUSTRALIA. IN THE MATTER OF A TRIAL UPON INDICTMENT IN THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY BEARING NUMBER SCC 88 OF 1992 IN WHICH THE COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS WAS THE PROSECUTOR ON BEHALF OF HER MAJESTY THE QUEEN AND IN WHICH JOSEPHUS TIEKEN WAS THE ACCUSED. AG 90 of 1993 Burchett, Tamberlin and Kiefel JJ. Canberra 23 October 1995

IN THE FEDERAL COURT OF AUSTRALIA) AUSTRALIAN CAPITAL TERRITORY ) DISTRICT REGISTRY ) AG 90 of 1993 GENERAL DIVISION ) IN THE MATTER OF A SUBMISSION PURSUANT TO SECTION 30A OF THE FEDERAL COURT OF AUSTRALIA ACT 1976 OF A QUESTION OF LAW FOR THE DETERMINATION OF A FULL COURT OF THE FEDERAL COURT OF AUSTRALIA.

IN THE MATTER OF A TRIAL UPON INDICTMENT IN THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY BEARING NUMBER SCC 88 OF 1992 IN WHICH THE COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS WAS THE PROSECUTOR ON BEHALF OF HER MAJESTY THE QUEEN AND IN WHICH JOSEPHUS TIEKEN WAS THE ACCUSED. CORAM: Burchett, Tamberlin and Kiefel JJ. PLACE: Canberra DATE : 23 October 1995 ORDER OF THE COURT THE COURT ORDERS THAT the Director of Public Prosecutions have leave to discontinue the proceedings. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) AUSTRALIAN CAPITAL TERRITORY ) DISTRICT REGISTRY ) AG 90 of 1993 GENERAL DIVISION ) IN THE MATTER OF A SUBMISSION PURSUANT TO SECTION 30A OF THE FEDERAL COURT OF AUSTRALIA ACT 1976 OF A QUESTION OF LAW FOR THE DETERMINATION OF A FULL COURT OF THE FEDERAL COURT OF AUSTRALIA.