Federal Court of Australia
FEDERAL COURT OF AUSTRALIA EXTRADITION – jurisdiction to determine whether Treaty has been complied with – powers of a magistrate acting pursuant to s 19 of Extradition Act – "all available information" – question of determination of "all available information" is a matter for the requested State – identification of person referred to in extradition request – adequate description of each offence – statement of acts or omissions alleged in each offence – whether earlier unsuccessful extradition request precludes the making of another request – whether the offence in question would have been an offence in Tasmania
Extradition Act 1988 (Cth) s 19 Treaty between Australia and the Federal Republic of Germany concerning Extradition (done at Bonn on 14 April 1987) Articles 9, 10 & 11 Director of Public Prosecutions (Cth) v Kainhofer (1995) 185 CLR 528 Harris v Attorney-General (1994) 52 FCR 386 Todhunter v United States of America (1995) 57 FCR 70 Papazoglou v Republic of the Philippines (1997) 144 ALR 42 McDonald v Attorney-General [1980] 24 SASR 294 at 301 In re Parisot [1889] 5 TLR 344 at 345 Reg v Governor of Pentonville Prison ex parte Voets [1986] WLR 470 at 474
federal republic of germany v gregory parker TG 12 of 1997 RYAN, EINFELD AND FOSTER JJ 2 july 1998 melbourne (heard in Hobart)
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY TG 12 of 1997
ON APPEAL FROM A JUDGMENT OF A SINGLE JUDGE OF THE FEDERAL
COURT OF AUSTRALIA
BETWEEN: federal republic of germany
Applicant
AND: gregory parker
Respondent
JUDGES: RYAN, EINFELD AND FOSTER JJ
DATE OF ORDER: 2 july 1998
WHERE MADE: melbourne (heard in Hobart)
THE COURT ORDERS THAT: 1. the appeal be allowed 2. the orders of the primary judge made on 10 July 1997 be set aside 3. in lieu thereof, the orders of the magistrate made on 14 May 1997 be confirmed 4. the respondent pay the appellant's costs of the appeal and of the proceeding before the primary judge Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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