Hopkins v Governor-General of Australia [2013] NSWCA 365

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hopkins v Governor-General of Australia [2013] NSWCA 365 Hearing dates: 15 and 22 October 2013 Decision date: 22 October 2013 Before: Basten JA; Gleeson JA; Leeming JA Decision: 1. Refuse leave to appeal. 2. Order the applicant to pay the second respondent's costs in this Court. 3. Direct the second respondent to notify the New South Wales Attorney General, if not already notified, pursuant to s 6(4) of the Jurisdiction of Courts (Cross-Vesting) Act, of these reasons and those at first instance, and grant liberty to the New South Wales Attorney General to be heard, if he wishes, within 14 days, in relation to the operation of s 6(3) of that Act in these proceedings. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - application for leave to appeal summary dismissal of proceedings - whether Governor-General under a legal obligation to remove and replace Director-General of Security - proposed appeal devoid of merit - leave to appeal refused

JURISDICTION - investment of federal jurisdiction in Supreme Court by Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) - special federal matter - obligation to notify Attorneys General