Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rivera v Director of Public Prosecutions [2003] FCA 1470 RIVERA v DIRECTOR OF PUBLIC PROSECUTIONS N1833 of 2003 MADGWICK J 21 NOVEMBER 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1833 of 2003
BETWEEN: LAWRENCE JOHN RIVERA
APPLICANT
AND: DIRECTOR OF PUBLIC PROSECUTIONS
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 21 NOVEMBER 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application is 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 N1833 of 2003
BETWEEN: LAWRENCE JOHN RIVERA
APPLICANT
AND: DIRECTOR OF PUBLIC PROSECUTIONS
RESPONDENT
JUDGE: MADGWICK J
DATE: 21 NOVEMBER 2003
PLACE: SYDNEY
REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 This is an application in terms asking that the Court cross-vest from the Supreme Court of New South Wales to this Court a proceeding in the Supreme Court. The proceeding in the Supreme Court is an application for review of an order made by New South Wales Local Court Magistrate O'Shane on 16 December 2002 that the applicant was eligible for surrender to the United States of America. This followed receipt by the Australian Minister for Justice and Customs of an extradition request and consequent proceedings under the Extradition Act 1988 (Cth) ('the Act'). 2 Her Worship also signed a warrant under s 19(9) of the Act in consequence of which the applicant, but for a successful review if he can achieve it, would be deported to face legal proceedings in respect of a charge of murder in the United States. Section 21(1) of the Act provides that where an order of the kind made by the learned Magistrate has been made, the person whose surrender is sought by the extradition country: '… may, within 15 days after the day on which the magistrate makes the order, apply to the Federal Court, or to the Supreme Court of the [relevant] State or Territory, for a review of the order.'
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