Case C13/2022

Vunilagi v. The Queen & Anor

Case No.


Case Information

Lower Court Judgment

09/11/2021 Supreme Court of the Australian Capital Territory, Court of Appeal (Mossop, Loukas-Karlsson, Abraham JJ)

[2021] ACTCA 12


Constitutional law – Powers of courts – Powers of Legislative Assembly of Australian Capital Territory – Trial by jury – Where appellant arrested and committed to trial – Where, following COVID-19 outbreak, Supreme Court Act 1933 (ACT) amended by  COVID-19 Emergency Response Act 2020 (ACT) to include s 68BA which provided, relevantly, Court may order trial by judge alone – Where appellant advised Chief Justice proposed making order pursuant to s 68BA – Where appellant and first respondent opposed making of order – Where s 68BA repealed, but continued to apply to appellant by operation of s 116 and 117 of Supreme Court Act – Where Chief Justice ordered appellant's trial to proceed by judge alone – Where appellant found guilty – Whether s 68BA contravened limitation deriving from Kable v Director of Public Prosecutions (NSW) (1996) 198 CLR 511 – Whether s 68BA inconsistent with requirement in s 80 of Constitution that trial on indictment of any offence against law of Commonwealth be by jury.


17/06/2022 Hearing (SLA, Canberra by video-connection)

30/06/2022 Notice of appeal

05/08/2022 Written submissions (Appellant)

05/08/2022 Chronology (Appellant)

02/09/2022 Written submissions (Respondent)

23/09/2022 Reply

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