K-Generation Pty Limited v Liquor Licensing Court

Constitutional law (Cth) – Chapter III - Judicial power - Vesting of federal jurisdiction in State courts - Licensing Court of South Australia established under Liquor Licensing Act 1997 (SA) ("Licensing Act") - Licensing Court constituted by District Court judge - Whether Licensing Court "court of a State" within meaning of s 77(iii) of Constitution - Whether Licensing Court invested with federal jurisdiction by s 39(2) of Judiciary Act 1903 (Cth) ("Judiciary Act") - Significance of absence of express power of punishment for contempt.

Constitutional law (Cth) – Chapter III - Judicial power - Vesting of federal jurisdiction in State courts - Integrity of State courts - Requirement of impartiality and independence for repository of federal jurisdiction - Licensing Act, s 28A required Licensing Court to take steps to maintain confidentiality of information classified by Commissioner of Police as "criminal intelligence" in proceedings under Licensing Act - Steps included receipt of evidence and argument in absence of parties - Whether s 28A invalid for denying Licensing Court character of independent and impartial tribunal.

Statutes – Interpretation - Licensing Act, s 28A - "Criminal intelligence" defined to include information which "could reasonably be expected" to prejudice criminal investigations - Whether classification by Commissioner of Police of information as "criminal intelligence" amenable to review by Licensing Court - Whether mandatory for Licensing Court to hear evidence and argument in absence of parties.

Constitutional law (Cth) – Chapter III - Judicial power - Vesting of federal jurisdiction in State courts - Integrity of State courts - Whether consequence of impairment of integrity is that Licensing Court no longer "court of a State" to which s 77(iii) of Constitution applies - Whether s 39(2) of Judiciary Act ambulatory and would cease to apply - Whether States may establish "court of a State" then subsequently deprive court of independence and impartiality.

Constitutional law (Cth) – Chapter III - Judicial power - Nature of judicial power - Whether exercise by Licensing Court of judicial or administrative power.

Practice and procedure – Interveners - Procedure where interveners seek remedy and assert arguments opposed by immediate parties.

Words and phrases – "could reasonably be expected", "court of a State", "criminal intelligence".

Constitution – Ch III, s 77.

Judiciary Act 1903 (Cth) – s 39.

Liquor Licensing Act 1997 (SA) – s 28A.