Case M36/2018 | High Court of Australia

Case information

Catchwords

Administrative law – Judicial review – Where plaintiff lodged charge-sheet and summons at Magistrates’ Court against Aung Sun Suu Kyi (serving Foreign Minister of Myanmar) for a crime against humanity (deportation or forcible transfer of population) contrary to ss 268.11 and 268.115 of the Criminal Code Act 1995 (Cth) – Where plaintiff sought defendant’s consent under s 268.121 of the Criminal Code Act to commence proceedings – Where consent refused – Whether the decision to refuse consent reviewable – Whether defendant misunderstood the law and committed jurisdictional error in refusing consent – Whether Aung Sun Suu Kyi immune from prosecution in Australia under customary international law – Whether defendant failed to afford plaintiff procedural fairness.

Short particulars

Documents

23/03/2018 Application for an order to show cause

03/10/2018 Hearing (Single Justice, Melbourne)

19/11/2018 Hearing (Single Justice, Melbourne)

26/11/2018 Special case stated

14/01/2019 Written submissions (Plaintiff)

14/01/2019 Chronology (Plaintiff)

14/01/2019 Notice of constitutional matter (Plaintiff)

18/02/2019 Written submissions (Defendant)

07/03/2019 Reply (Plaintiff)

08/03/2019 Hearing (Single Justice, Melbourne v/link Sydney)

21/05/2019 Annotated submissions (Defendant)

05/06/2019 Annotated reply (Plaintiff)

07/06/2019 Amended annotated submissions (Plaintiff)

19/06/2019 Hearing (Full Court, Canberra) (Audio-visual recording)
(Pronouncement of orders included)

19/06/2019 Outline of oral argument (Plaintiff)

11/09/2019 Judgment (Judgment summary)

Taylor v. Attorney-General of the Commonwealth