Minogue v Williams [1999] FCA 1585

FEDERAL COURT OF AUSTRALIA

Minogue v Williams [1999] FCA 1585 CONSTITUTIONAL LAW – original jurisdiction of the High Court – s 75(i) of the Constitution – meaning of "In all matters – (i) Arising under any treaty". PRACTICE AND PROCEDURE – remitter of action from High Court to Federal Court – s 44(2) of Judiciary Act 1903 (Cth) – whether action involved "matter" as required by s 75 of the Constitution. INTERNATIONAL LAW – treaties –International Covenant on Civil and Political Rights 1966 – whether part of Australian domestic law.

Judiciary Act 1903 (Cth) ss 38, 44 Corrections Act 1986 (Vic) ss 47(1)(b), (c) Human Rights and Equal Opportunity Commission Act 1986 (Cth) Sch 2 Commonwealth Constitution s 75(i) International Covenant on Civil and Political Rights 1966 Art 10(1) Federal Court Rules O11 r 16, O 20 r 2(1) Re East; ex parte Nguyen (1998) 159 ALR 108 at 112-3, 127-33 referred to Dietrich v The Queen (1992) 177 CLR 292 at 305-6, 321, 348, 359-60 applied Victoria v The Commonwealth (1996) 187 CLR 416 at 480-2 referred to Sinanovic v R (1998) 154 ALR 702 at 707-8 referred to Minogue v Human Rights and Equal Opportunity Commission (1999) 84 FCR 438 applied Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 referred to CRAIG WILLIAM JOHN MINOGUE v CLIVE WILLIAMS V 406 of 1999 WEINBERG J 18 NOVEMBER 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 406 OF 1999

BETWEEN: CRAIG WILLIAM JOHN MINOGUE

Applicant

AND: CLIVE WILLIAMS

Respondent

JUDGE: WEINBERG J

DATE OF ORDER: 18 NOVEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the action in the High Court and of the application before this Court. 3. The costs of the action to the date of remitter, including the costs of the order of Hayne J of 11 June 1999, are to be fixed according to the scale applicable to proceedings in the High Court and thereafter according to the scale applicable to this Court. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.