Pauga v Chief Executive of Queensland Corrective Services (No 4) [2022] FCA 339

Federal Court of Australia

Pauga v Chief Executive of Queensland Corrective Services (No 4) [2022] FCA 339 File numbers: SAD 135 of 2021

Judgment of: COLVIN J

Date of judgment: 5 April 2022

Catchwords: PRACTICE AND PROCEDURE - where the 'Brisbane Magistrates Court' named as the second respondent to the proceedings - whether there exists a Court established by legislation called the 'Brisbane Magistrates Court' - order made for the second respondent to be removed as a party

Legislation: Extradition Act 1988 (Cth) s 19 Acts Interpretation Act 1954 (Qld) Schedule 1 Justices Act 1886 (Qld) ss 22, 22B, 22C, 22D, 27, 30 Magistrates Courts Act 1921 (Qld) ss 3, 3A, 3B, 14, 16 Magistrates Courts Act 1991 (Qld) ss 5, 8, 12, 16, 21, 22, 23, 41, 53, 53E, 53G, 53L Justices Regulation 2014 (Qld) s 17, Schedule 1

Cases cited: CZA19 v Federal Circuit Court of Australia [2021] FCAFC 57 Department of Transport and Main Roads v Blenner's Transport Pty Ltd [2015] QMC 9 Jago v District Court of New South Wales (1989) 168 CLR 23 Jones Leach Lawyers Pty Ltd v Crosby (No 1) [2020] QMC 14 Kirk v Industrial Relations Commission of New South Wales [2010] HCA 1; (2010) 239 CLR 531 Little v Registrar of the High Court (1990) 24 FCR 391 Manolakis v District Registrar, South Australia District Registry, Federal Court of Australia [2008] FCAFC 162; (2008) 170 FCR 426 Palmer Leisure Coolum Pty Ltd v Magistrates Court of Queensland [2019] QSC 8 Pauga v Chief Executive of Queensland Corrective Services (No 2) [2022] FCA 252 Powell v Chief Executive Officer of Customs [2006] QDC 184