Federal Court of Australia
FEDERAL COURT OF AUSTRALIA EXTRADITION - determination of eligibility for surrender - whether supporting documents properly served - initial supporting documents unsigned and unauthenticated - complying supporting documents subsequently served - application that magistrate's hearing should be declared invalid or permanently stayed or declared to be an abuse of process - whether application should be dismissed - whether application discloses any reasonable cause of action - whether application an abuse of process. Extradition Act 1988 (Cth), ss 16(3), 19(1), 19(2)(a), 19(3) Federal Court Rules, O 20, r 2(a) Grassby v R (1989) 168 CLR 1, followed Papazoglou v Republic of Philippines (1997) 144 ALR 42, followed Parker v Federal Republic of Germany (Heerey J, Federal Court of Australia, 10 July 1997, unreported), followed STEPHEN GERARD McDADE AND LOUISE McDADE v ATTORNEY-GENERAL OF THE COMMONWEALTH WAG 125 of 1997 R D NICHOLSON J PERTH 1 MAY 1998
GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA
Western Australia DISTRICT REGISTRY wag 125 of 1997
BETWEEN: stephen gerard McDADE and louise McDADE
Applicants
AND: ATTORNEY-GENERAL OF THE COMMONWEALTH
Respondent
JUDGE: R D NICHOLSON J
DATE OF ORDER: 1 MAY 1998
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The respondent's motion for dismissal be allowed. 2. The application be dismissed. 3. The applicants pay the respondent's costs of the motion and the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA
Western Australia DISTRICT REGISTRY wag 125 of 1997
BETWEEN: stephen gerard McDADE and louise McDADE
Applicants
AND: ATTORNEY-GENERAL OF THE COMMONWEALTH
Respondent
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