Alqudsi v The Commonwealth [2015] HCA 49

HIGH COURT OF AUSTRALIA

FRENCH CJ

Matter No S119/2015

HAMDI ALQUDSI PLAINTIFF

AND

THE COMMMONWEALTH OF AUSTRALIA DEFENDANT

Matter No S132/2015

HAMDI ALQUDSI APPLICANT

AND

THE QUEEN RESPONDENT

Alqudsi v The Commonwealth Alqudsi v The Queen [2015] HCA 49 20 July 2015 S119/2015 & S132/2015

ORDER

Matter No S119/2015

1. The proceeding be remitted to the Supreme Court of New South Wales.

2. The proceeding continue in that Court as if the steps already taken in the proceeding in this Court have been taken in that Court.

3. The Registrar of this Court forward to the proper officer of that Court photocopies of all documents filed in this Court.

4. The costs of the Commonwealth's amended summons, this summons, be the costs in the cause remitted.

5. The costs of the proceeding to the date of remission, including the costs of this order, are to be according to the scale applicable to proceedings in this Court and thereafter according to the scale applicable to that Court and in the discretion of that Court.

6. The costs of the plaintiff's summons of 15 July 2015 will be costs in the cause.

Matter No S132/2015

1. The application for removal is dismissed.

2. There will be no order as to costs.

Representation

S B Lloyd SC with D P Hume for the plaintiff/applicant (instructed by Zali Burrows Lawyers)

C L Lenehan for the defendant/respondent (instructed by Australian Government Solicitor and the Commonwealth Director of Public Prosecutions)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Alqudsi v The Commonwealth Alqudsi v The Queen

Remitter summons – Plaintiff sought declaratory relief that s 7(1)(e) of Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth) is invalid in context of pending criminal proceedings – Whether proceedings should be remitted.