Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Price v Fitzgerald [2000] FCA 134 CONSTITUTIONAL LAW – Conferral of administrative powers on a magistrate – whether contrary to Chapter III of the Constitution - whether s 3E(1) of the Crimes Act (Cth) 1914 confers powers on a State court or on a magistrate as a designated person. Constitution, s 77(iii) Crimes Act (Cth) 1914, ss 3C(1), 3CA(1), 3E(1), 3F, 3G, 3ZI, 3ZJ, 3ZK, 3ZN, 3ZW Acts Interpretation Act 1901 (Cth), ss 15, 15A, 16C Price v Elder [2000] FCA 133, cited Queen Victoria Memorial Hospital v Thornton (1953) 87 CLR 144, distinguished Hilton v Wells (1985) 157 CLR 57, followed The Queen v Murphy (1985) 158 CLR 596, cited Love v Attorney General (NSW) (1990) 169 CLR 307, cited Grollo v Palmer (1995) 184 CLR 348, cited
Ousley v R (1997) 192 CLR 69, cited
Aston v Irvine (1955) 92 CLR 353, cited
PRICE V FITZGERALD & Anor
N 1179 OF 1999
BLACK CJ, sackville & EMMETT JJ
SYDNEY
18 FEBRUARY 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1179 OF 1999
On appeal from a Judge of the Federal Court of Australia
BETWEEN: JOHN JAMES PRICE
APPELLANT
AND: JULIAN FITZGERALD
FIRST RESPONDENT
KEITH JOHN RANDALL
SECOND RESPONDENT
JUDGES: BLACK CJ, SACKVILLE & EMMETT JJ
DATE: 18 FEBRUARY 2000
PLACE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1179 OF 1999
On appeal from a Judge of the Federal Court of Australia
BETWEEN: JOHN JAMES PRICE
APPELLANT
AND: JULIAN FITZGERALD
FIRST RESPONDENT
KEITH JOHN RANDALL
SECOND RESPONDENT
JUDGES: BLACK CJ, SACKVILLE & EMMETT JJ
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