Miller v Commonwealth Director of Public Prosecutions [2005] FCA 482

FEDERAL COURT OF AUSTRALIA

Miller v Commonwealth Director of Public Prosecutions [2005] FCA 482 ADMINISTRATIVE LAW – judicial review – decision by Commonwealth Director of Public Prosecutions to take over proceeding instituted by private individual - scope of power – whether Director can take over proceeding for sole purpose of causing it to be discontinued

Director of Public Prosecutions Act 1983 (Cth) s 9(5) Judiciary Act 1903 (Cth) s 39B Administrative Decisions Judicial Review Act 1977 (Cth) s 5(1)(c), (d) and (e) Federal Court Rules O 20 r 2 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 at 84-5 referred to General Steel Industries Inc. v Commissioner for Railways (N.S.W.) (1964) 112 CLR 125 at 128-9 referred to Walton v Gardiner (1983) 177 CLR 379 at 393 and 411 referred to Barton v R (1980) 147 CLR 75 at 94-6 and 110-111 referred to Jarett v Seymour (1993) 119 ALR 46 at 54 referred to Barton v R (1980) 147 CLR 75 at 92-3 and 110 referred to Maxwell v The Queen (1995) 184 CLR 501 at 534 referred to Stefanovski v The Magistrates' Court of Victoria [2004] VSC 313 at [12] referred to Hanna v Director of Public Prosecutions (NSW) [2005] NSWSC 134 referred to LANCE STEWART MILLER v COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS V1308 of 2004 WEINBERG J 22 APRIL 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V1308 OF 2004

BETWEEN: LANCE STEWART MILLER

APPLICANT

AND: COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS

RESPONDENT

JUDGE: WEINBERG J

DATE OF ORDER: 22 APRIL 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The relief sought by the respondent's notice of motion filed on 24 February 2005 be granted. 2. The application be dismissed, with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.