High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ, HAYNE, CRENNAN, KIEFEL, BELL, GAGELER AND KEANE JJ
COMMONWEALTH MINISTER FOR JUSTICE APPELLANT
AND
ADRIAN ADAMAS & ANOR RESPONDENTS
Commonwealth Minister for Justice v Adamas [2013] HCA 59 18 December 2013 P50/2013
ORDER
1. Appeal allowed.
2. Set aside order 1 of the orders of the Full Court of the Federal Court of Australia made on 15 February 2013 and, in its place, order that:
(a) the appeal to that Court be allowed; and
(b) the orders of the Federal Court of Australia made on 15 March 2012 be set aside and, in their place, order that the application to that Court be dismissed.
On appeal from the Federal Court of Australia
Representation
J T Gleeson SC, Solicitor-General of the Commonwealth with S B Lloyd SC and H Younan for the appellant (instructed by Australian Government Solicitor)
G R Donaldson SC with A K Sharpe for the first respondent (instructed by O'Connor Lawyers)
Submitting appearance for the second respondent
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Commonwealth Minister for Justice v Adamas
Extradition – Surrender determination by Attorney-General or Minister – Where respondent convicted by Indonesian court in his absence and sentenced to life imprisonment – Where Minister required to be satisfied that surrender would not be "unjust, oppressive or incompatible with humanitarian considerations" within meaning of extradition treaty between Australia and Indonesia – Whether Minister's satisfaction required to be based upon "Australian standards" of fair trial.
Words and phrases – "Australian standards", "surrender determination", "unjust, oppressive or incompatible with humanitarian considerations".
Extradition Act 1988 (Cth), ss 10(1), 11, 22. Extradition (Republic of Indonesia) Regulations 1994 (Cth), Schedule. Extradition Treaty between Australia and the Republic of Indonesia, Art 9(2)(b).
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate