High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ, KIEFEL, BELL, GAGELER, KEANE, NETTLE AND GORDON JJ
HAMDI ALQUDSI APPLICANT
AND
THE QUEEN RESPONDENT
Alqudsi v The Queen [2016] HCA 24 Date of Order: 10 February 2016 Date of Publication of Reasons: 15 June 2016 S279/2015
ORDER
1. The question "Are ss 132(1) to (6) of the Criminal Procedure Act 1986 (NSW) incapable of being applied to the Applicant's trial by s 68 of the Judiciary Act 1903 (Cth) because their application would be inconsistent with s 80 of the Constitution", should be answered "Yes".
2. The motion is dismissed.
Representation
J K Kirk SC with G J Williams and D P Hume for the applicant (instructed by Zali Burrows Lawyers)
R J Bromwich SC with A M Mitchelmore for the respondent (instructed by Director of Public Prosecutions (Cth))
Interveners
J T Gleeson SC, Solicitor-General of the Commonwealth with C P O'Donnell and J S Stellios for the Attorney-General of the
Commonwealth, intervening (instructed by Australian Government Solicitor)
P J Dunning QC, Solicitor-General of the State of Queensland with A D Keyes for the Attorney-General of the State of Queensland, intervening (instructed by Crown Solicitor (Qld))
M E O'Farrell SC, Solicitor-General of the State of Tasmania with S K Kay for the Attorney-General of the State of Tasmania, intervening (instructed by Solicitor-General (Tas))
R M Niall QC, Solicitor-General for the State of Victoria with F I Gordon for the Attorney-General for the State of Victoria, intervening (instructed by Victorian Government Solicitor)
M G Evans QC with F J McDonald for the Attorney-General for the State of South Australia, intervening (instructed by Crown Solicitor (SA))
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
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