Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Marku v Minister for Home Affairs [2013] FCA 561 Citation: Marku v Minister for Home Affairs [2013] FCA 561
Parties: VALENTIN MARKU v MINISTER FOR HOME AFFAIRS and PETER LAURITSEN, CHIEF MAGISTRATE OF THE MAGISTRATES' COURT OF VICTORIA
File number: VID 907 of 2012
Judge: GORDON J
Date of judgment: 6 June 2013
Catchwords: EXTRADITION – extradition request – notice given by Minister under s 16 of Extradition Act 1988 (Cth) – applicant alleges mistaken identity and denies he is the person sought for extradition – applicant commenced proceedings under s 39B of the Judiciary Act 1903 (Cth) seeking review of the Minister's decision to give the s 16 notice – related proceedings under s 21 of the Extradition Act 1988 (Cth) and at common law seeking judicial review of the decision of the Magistrate under s 19(9) – whether the s 39B proceeding an abuse of process – whether challenge to decision to give notice under s 16 could and/or ought to have been raised in common law proceeding – Minister not a party to common law proceeding – whether applicant delayed in bringing the s 39B proceeding – Extradition Act 1988 (Cth), ss 16, 19, 21 – Federal Court Rules 2011 (Cth), rr 9.02, 9.05, 26.01
Legislation: Extradition Act 1988 (Cth) Federal Court Rules 2011 (Cth) Judiciary Act 1903 (Cth)
Cases cited: Brock v Minister for Home Affairs (2008) 170 FCR 434 Commonwealth v Dutton (2000) 102 FCR 168 Director of Public Prosecutions (Cth) v Kainhofer (1995) 185 CLR 528 Gibbs v Kinna [1999] 2 VR 19 Marku v Republic of Albania [2012] FCA 804 Marku v Republic of Albania (No 2) [2012] FCA 1182 Marku v Republic of Albania [2013] FCAFC 51 News Limited v Australian Rugby Football League Limited (1996) 64 FCR 410 Plaintiff S3/2013 v Minister for Immigration and Citizenship [2013] HCA 22 Re Trade Practices Commission v Milreis Pty Ld; Ex Parte Thomson Publications (Australia) Pty Ltd (1978) 18 ALR 17 Sea Culture International Pty Ltd v Scoles (1991) 32 FCR 275 Spalla v St George Motor Finance (No 6) [2004] FCA 1699 State Bank of New South Wales Ltd v Alexander Stenhouse Ltd (1997) Aust Tort Reports 81-423 Walton v Gardiner (1993) 177 CLR 378
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