Recent Cases

Huynh v Attorney General (NSW) [2023] NSWCA 190 (16 August 2023) (Bell CJ, Kirk JA and Simpson AJA)


Catchwords:


CIVIL PROCEDURE – cross-vesting – transfer to Federal Court – whether special federal matter – whether a matter arising under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – whether a matter within the original jurisdiction of the Federal Court – where underlying proceedings concern an application for judicial review of a decision of a Supreme Court judge acting persona designate not to order a post-appeal inquiry in the Court of Criminal Appeal – s 78(1)(b) of the Crimes (Appeal and Review) Act 2001 (NSW) – where post-appeal inquiry procedures “picked up” and applied as surrogate federal laws by virtue of s 68(1) of the Judiciary Act 1903 (Cth) in respect of convictions for Commonwealth offences – where proceedings on remitted from the High Court of Australia

CIVIL PROCEDURE – cross-vesting – transfer to Federal Court – whether special reasons for the proceedings to be determined by the Court of Appeal – s 6(3) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) – where Commonwealth legislative scheme for criminal procedure favours territorial not national uniformity – where Court of Appeal possesses practical familiarity with the Crimes (Appeal and Review) Act 2001 (NSW) – where lengthy procedural history – where Applicant self-represented