Markisic & Anor v Vizza & Ors [2001] NSWSC 1155

New South Wales Supreme Court

CITATION : Markisic & Anor v Vizza & Ors [2001] NSWSC 1155 CURRENT JURISDICTION: Civil FILE NUMBER(S) : SC 12583/01 HEARING DATE(S) : 5 November 2001 JUDGMENT DATE : 14 December 2001

Oliver Markisic (First Prosecutor) Dragan Markisic (Second Prosecutor) G Vizza (1st Def) D Muirhead (2nd Def) N Levett (3rd Def) J McGinness (4th Def) T McDonald (5th Def) C White (6th Def) L Anthony (7th Def) PARTIES : R Flohm (8th Def) M Twohill (9th Def) Centacare Pty Limited (10th Def) H O'Brien (11th Def) J Robertson (12th Def) C Robertson (13 Def) M Robertson (14th Def) J Hurst (15th Def) A Bareet (16th Def) Qantas Airways Limited (17th Def) JUDGMENT OF : McClellan J

1st & 2nd Prosecutors (in person) No appearance for 1st, 5th & 8th Defs COUNSEL : V Hartstein (2nd, 6th, 7th, 9th Def) D P Robinson (3rd, 4th, 15th, 16th Defs) A Kohn (10th to 14th Defs) G Nell (17th Def) 1st & 2nd Prosecutors (in person) I V Knight (2nd, 6th, 7th, 9th Defs) SOLICITORS : Australian Government Solicitor (3rd, 4th, 15th, 16th, Defs) Makinson & d'Apice (10th - 14th Defs) Blake Dawson Waldron (17th Def) CATCHWORDS : Application of Supreme Court (Summary Jurisdiction) Act - whether offences capable of prosecution in the summary jurisdiction of the Supreme Court - indictable offences - summary offences - exercise of Federal jurisdiction by State courts. Supreme Court (Summary Jurisdiction) Act 1967 Judiciary Act 1903 (Cth) Family Law Act 1975 (Cth) LEGISLATION CITED : Crimes Act 1914 (Cth) Crimes Act 1900 (NSW) Children (Care and Protection) Act 1987 (NSW) Family Law (Child Abduction Convention) Regulations 1996, reg 14 Acts Interpretation Act 1901 (Cth) Oliver Markisic & Anor v Commonwealth (2000) 49 NSWLR 321 Solomons v District Court of New South Wales & Ors [2000] NSWCA 99 Maguire v Simpson (1977) 139 CLR 362 Munday v Gill (1930) 44 CLR 38 CASES CITED : Re Colina; Ex Parte Torney (1999) 200 CLR 386 Porter v The King; Ex Parte Yee (1926) 37 CLR 432 R v Fletcher; Ex parte Kisch (1935) 52 CLR 248 John Fairfax & Sons Pty Ltd v McRae (1955) 93 CLR 351 R v Mills [1986] VR 179 DECISION : See para 71