High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ, HAYNE, CRENNAN, KIEFEL, BELL, GAGELER AND KEANE JJ
STEFAN KUCZBORSKI PLAINTIFF
AND
THE STATE OF QUEENSLAND DEFENDANT
Kuczborski v Queensland [2014] HCA 46 14 November 2014 B14/2014
ORDER
The questions asked by the parties in the further amended special case dated 23 July 2014 and referred for consideration by the Full Court be answered as follows:
Question 1
Does the plaintiff have standing to seek a declaration that any, and which, of the provisions referred to in the schedule to these questions (other than Criminal Code (Q), sections 60A, 60B(1) and 60C, and Liquor Act 1992 (Q), sections 173EB to 173ED) is invalid?
Answer
No.
Question 2
Is the relief which the plaintiff seeks in answer to question 3 (other than the relief sought in relation to the Criminal Code (Q), sections 60A, 60B(1) and 60C, and Liquor Act 1992 (Q), sections 173EB to 173ED) hypothetical?
Answer
It is unnecessary to answer this question.
Question 3
Is any, and which, of the provisions referred to in the schedule invalid on the ground that it infringes the principle of Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51?
Answer
None of ss 60A, 60B(1), 60B(2) and 60C of the Criminal Code (Q) or ss 173EB, 173EC and 173ED of the Liquor Act 1992 (Q) is invalid on the ground that it infringes the principle in Kable v Director of Public Prosecutions (NSW). The plaintiff does not have standing to challenge the validity of the other provisions in the schedule.
Question 4
Who should pay the costs of the special case?
Answer
The plaintiff.
Schedule
Vicious Lawless Association Disestablishment Act 2013 (Q)
Criminal Code (Q), ss 60A, 60B(1), 60B(2), 60C, 72(2), 72(3), 72(4), 92A(4A), 92A(4B), 92A(5), 320(2), 320(3), 320(4), 340(1A), 340(1B) and 340(3)
Bail Act 1980 (Q), ss 16(3A), 16(3B), 16(3C) and 16(3D)
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