Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vescio v Honourable John Hatzistergos (NSW Attorney General) [2008] FCA 332
JURISDICTION – Private criminal prosecution – Federal Court lacks jurisdiction Crimes Act 1914 (Cth), s 43 Judiciary Act 1903 (Cth), s 39B Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s 4 Trade Practices Act 1974 (Cth), s 163 Federal Court Rules, O 49 Re Wakim; Ex parte McNally (1999) 198 CLR 511 cited CARMELO MICHAEL VESCIO v HONOURABLE JOHN HATZISTERGOS (NSW ATTORNEY GENERAL) & ORS NSD 2087 OF 2007
SACKVILLE J
13 MARCH 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2087 OF 2007
BETWEEN: CARMELO MICHAEL VESCIO
Prosecutor
AND: HONOURABLE JOHN HATZISTERGOS (NSW ATTORNEY GENERAL)
First Defendant
HONOURABLE KRISTINA KENEALLY (NSW MINISTER FOR AGEING)
Second Defendant
ANGELA D'AMORE (STATE MEMBER FOR DRUMMOYNE)
Third Defendant
DIANE ROBINSON (PRESIDENT OF THE GUARDIANSHIP TRIBUNAL)
Fourth Defendant
KEN GABB (THE PROTECTIVE COMMISSIONER)
Fifth Defendant
CATHERINE LAY
Sixth Defendant
AMANDA MCDONOUGH (PUBLIC GUARDIAN REGIONAL OFFICER)
Seventh Defendant
JUDGE: SACKVILLE J
DATE OF ORDER: 13 MARCH 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The proceedings be dismissed for want of jurisdiction. 2. The Prosecutor pay the costs of the Defendants. 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 NSD 2087 OF 2007
BETWEEN: CARMELO MICHAEL VESCIO
Prosecutor
AND: HONOURABLE JOHN HATZISTERGOS (NSW ATTORNEY GENERAL)
First Defendant
HONOURABLE KRISTINA KENEALLY (NSW MINISTER FOR AGEING)
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