KS v Veitch [2012] NSWCCA 186

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: KS v Veitch [2012] NSWCCA 186 Hearing dates: 4 July 2012 Decision date: 29 August 2012 Before: Basten JA at [1]; Harrison J at [41]; Beech-Jones at [42] Decision: (1) Grant the applicant leave to appeal pursuant to s 5F(3AA) of the Criminal Appeal Act from the interlocutory judgment of the District Court delivered on 8 May 2012. (2) Direct that the respondent: (a) within seven days of the date of this judgment file and serve a notice under s 78B of the Judiciary Act specifying the nature of the matter said to arise under the constitution or involving its interpretation and annexing a copy of this judgment; (b) within 14 days of this judgment, file and serve any further written submissions, limited to the matter raised in the s 78B notice, which submissions shall also be served on any Attorney indicating an intention to intervene within 5 working days of receiving such notice; and (c) seven days prior to the date fixed for further hearing, file an affidavit setting out the responses to the notice referred to in (a). (3) Direct that the appellant and any Attorney seeking to intervene in the proceedings file written submissions within 28 days of the date of this judgment. (4) Direct that the matter be listed for further argument, limited to the matter specified in the s 78B notice, on a date to be fixed by the Registrar. Catchwords: CONSTITUTIONAL LAW - issue of notices of a constitutional matter - whether Court satisfied that there is a real and substantial constitutional issue - whether Court has an obligation to consider whether notices should be issued - whether intention to raise constitutional issue held in good faith - whether arguable constitutional point could be raised - Judiciary Act 1903 (Cth), s 78B