Duncan v. Independent Commission against Corruption
Case No.
S101/2015
Case Information
Catchwords
Statutes – Independent Commission Against Corruption Act 1988 (NSW) (“Act”) Pt 13 of Sch 4 – Where Pt 13 of the Act allows for the Independent Commission Against Corruption (“ICAC”) to act on the assumption that the definition of “corrupt conduct” in s 8(2) of the Act extends to conduct that adversely affects or could adversely affect the efficacy of the exercise of official function – Whether Pt 13 ousts the power of the Supreme Court of New South Wales to grant relief for a specific category of jurisdictional error of respondent – Whether Pt 13 is an impermissible command or direction by the Parliament of New South Wales to the Courts of New South Wales and any other Courts empowered to hear appeals.
Documents
19/05/2015 Hearing (Single Justice, Sydney)
25/05/2015 Hearing (Single Justice, Sydney)
28/05/2015 Cause removed
19/06/2015 Written submissions (Appellant)
19/06/2015 Chronology
10/07/2015 Written submissions (Respondent)
15/07/2015 Written submissions (Attorney-General for the State of Victoria intervening)
17/07/2015 Written submissions (Attorney-General for the State of New South Wales intervening)
17/07/2015 Written submissions (Attorney-General for the State of South Australia intervening)
17/07/2015 Written submissions (Attorney-General for the State of Western Australia intervening)
17/07/2015 Written submissions (Attorney-General of the State of Queensland intervening)
24/07/2015 Reply
05/08/2015 Hearing (Full Court, Canberra) (Audio-visual recording)
09/09/2015 Judgment (Judgment summary)