Folbigg v Attorney General of New South Wales [2020] NSWSC 1415

Supreme Court New South Wales

Medium Neutral Citation: Folbigg v Attorney General of New South Wales [2020] NSWSC 1415 Hearing dates: 9 October 2020 Decision date: 15 October 2020 Jurisdiction: Common Law Before: Basten J Decision: (1) Pursuant to s 51(1)(b) of the Supreme Court Act, direct that these proceedings be removed into the Court of Appeal. (2) Existing directions for the future conduct of the matter shall continue to operate. (3) The matter is fixed for hearing in the Court of Appeal for four days commencing on 15 February 2021. (4) The costs of the proceedings in the Division shall be costs in the proceedings in the Court of Appeal. Catchwords: PRACTICE AND PROCEDURE – supervisory jurisdiction – application to review inquiry under Pt 7 of Crimes (Appeal and Review) Act 2001 – inquiry conducted by former judicial officer – proceedings commenced in Common Law Division – amending legislation assigning matter to Court of Appeal – power to order removal – discretionary considerations – application of Pt 6 of Civil Procedure Act 2005 STATUTORY INTERPRETATION – amending legislation – retrospective operation – whether interference with accrued rights – whether procedural Legislation Cited: Civil Procedure Act 2005 (NSW), s 56; Pt 6 Crimes (Appeal and Review) Act 2001 (NSW), ss 74, 76, 77, 78; Pt 7 Interpretation Act 1987 (NSW), s 30 Judicial Officers Act 1986 (NSW) Stronger Communities Legislation Amendment (Courts and Civil) Act 2020 (NSW), Sch 1, cl 1.13, item [1] Supreme Court Act 1970 (NSW), ss 48, 49, 51, 53, 69 Cases Cited: R v Folbigg [2005] NSWCCA 23; 152 A Crim R 35 Rodway v The Queen (1990) 169 CLR 515; [1990] HCA 19 Category: Procedural and other rulings Parties: Kathleen Megan Folbigg (Plaintiff) Attorney General of New South Wales (First Defendant) The Hon Reginald Oliver Blanch AM QC (Second Defendant) Representation: Counsel: Mr J Morris SC (Plaintiff) Mr B Lim (First Defendant)