Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minogue v Williams [2000] FCA 125 PRACTICE AND PROCEDURE – Leave to appeal – remittal from High Court of Australia – whether matter arising under international treaty – International Covenant on Civil and Political Rights – treaty not part of Australian domestic law – final or interlocutory judgment – relevant tests governing leave to appeal from interlocutory judgment. Commonwealth Constitution: s 75(i) Human Rights and Equal Opportunity Act 1986 (Cth) International Covenant on Civil and Political Rights 1966: Article 10(1) Dietrich v The Queen (1992) 177 CLR 292 cited Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 cited Re East; Ex parte Nguyen (1998) 159 ALR 108 cited Brouwer v Titan Corporation Ltd (1997) 73 FCR 241 cited Ex parte Bucknell (1936) 56 CLR 221 cited The Queen v Swaffield (1998) 192 CLR 159 cited Collins v South Australia [1999] SASC 25 disapproved CRAIG WILLIAM JOHN MINOGUE v CLIVE WILLIAMS (GENERAL MANAGER OF BARWON PRISON) V 687 of 1999 RYAN, MERKEL and GOLDBERG JJ 17 FEBRUARY 2000 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 687 of 1999
BETWEEN: CRAIG WILLIAM JOHN MINOGUE
Applicant
AND: CLIVE WILLIAMS
(GENERAL MANAGER OF BARWON PRISON)
Respondent
JUDGE: RYAN, MERKEL and GOLDBERG JJ
DATE OF ORDER: 17 FEBRUARY 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. Leave to appeal is refused. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 687 of 1999
BETWEEN: CRAIG WILLIAM JOHN MINOGUE
Applicant
AND: CLIVE WILLIAMS
(GENERAL MANAGER OF BARWON PRISON)
Respondent
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