Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hoang v The Queen [2000] FCA 496
PRACTICE AND PROCEDURE - urgent application appealing against a decision of a single judge of the ACT Supreme Court not to forbid publication of certain evidence under s 83 of the Evidence Act 1971 (ACT) - power of a single judge of the Federal Court to entertain such an application. Evidence Act 1971 (ACT), s 83, s 83(1) Federal Court of Australia Act 1976, s 23, s 25(2)(a), s 25(2)(b), s 50 Federal Court Rules, O 46 r 6(1), O 52 r 17 Clarke v Director of Public Prosecutions (unreported, Finn J, 29 September 1998) referred Hempel v Moore (1987) 13 FCR 480 referred R v Lennon (1985) 38 SASR 356 referred House v The King (1936) 55 CLR 499 referred Niemann v Electronic Industries Ltd [1978] VR 431 referred NHAN VAN HOANG v THE QUEEN A 25 of 2000 FINN J 7 APRIL 2000 CANBERRA
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY A 25 OF 2000
DISTRICT REGISTRY
On appeal from a single judge of the Supreme Court of the ACT
BETWEEN: NHAN VAN HOANG
APPLICANT
AND: THE QUEEN
RESPONDENT
JUDGE: FINN J
DATE OF ORDER: 7 APRIL 2000
WHERE MADE: CANBERRA
THE COURT ORDERS THAT:
1. Publication of evidence given by the applicant, Nhan Van Hoang, and by Detective Constable Jamieson before Miles CJ on 6 April 2000 be forbidden.
2. Inspection in the Registry of the application for leave to appeal, and the draft notice of appeal if appended thereto, be prohibited.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 25 OF 2000
On appeal from a single judge of the Supreme Court of the ACT
BETWEEN: NHAN VAN HOANG
APPLICANT
AND: THE QUEEN
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