Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Duxerty v Minister for Justice and Customs [2002] FCA 1518
ADMINISTRATIVE LAW – parole – review of decision of Minister to refuse to grant parole application – whether the Minister was the authorised decision-maker – whether the Minister's decision was an improper exercise of power – natural justice – whether applicant denied procedural fairness Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Crimes Act 1914 (Cth) s 19AL(2), (3) Customs Act 1901 (Cth) s 233B Crimes Legislation Amendment Act (No 2) 1990 (Cth) s 28(1) Acts Interpretation Act 1901 (Cth) s 18C, 19A(1) Attorney-General (Cth) v Foster (1999) 84 FCR 582 referred to Minister for Immigration & Ethnic Affairs v Kurtovic (1990) 21 FCR 193 applied Todd v Parole Board (1986) 6 NSWLR 71 referred to McEncroe v Queensland Community Corrections Supreme Court of Queensland, 8 September 1997, unreported) referred to Butler v Queensland Community Corrections Board (Supreme Court of Queensland Court of Appeal, 10 August 2001, unreported) considered Commissioner for ACT Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 referred to JOE DUXERTY (ALSO KNOWN AS DAVID JOHN KELLEHER) v MINISTER FOR JUSTICE AND CUSTOMS N 777 OF 2002 HELY J 11 DECEMBER 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 777 OF 2002
BETWEEN: JOE DUXERTY (ALSO KNOWN AS DAVID JOHN KELLEHER)
APPLICANT
AND: MINISTER FOR JUSTICE AND CUSTOMS
RESPONDENT
JUDGE: HELY J
DATE OF ORDER: 11 DECEMBER 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed with 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 777 OF 2002
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate