Solomons v District Court of New South Wales

Criminal law and practice – Costs - Trial and acquittal in State court on indictment charging offences under a law of the Commonwealth - Power of State court to grant certificate under s 2 of the Costs in Criminal Cases Act 1967 (NSW) ("the Costs Act") entitling defendant to apply to Under Secretary of Attorney-General's Department for payment of costs from State Consolidated Revenue Fund - Whether s 68 or s 79 of the Judiciary Act 1903 (Cth) ("the Judiciary Act") rendered provisions of the Costs Act applicable so as to authorise grant of certificate in federal jurisdiction.

Constitutional law (Cth) – Jurisdiction and powers of State court exercising federal jurisdiction in the trial of a federal offender - Application of the Costs Act - Whether the Costs Act picked up and applied to federal jurisdiction by force of the Judiciary Act - Whether any such operation would be contrary to the provisions and requirements of the Constitution - Whether any such application would be inconsistent with the disposal of the constitutional matter within federal jurisdiction - Whether it would involve the purported exercise by a court of non- judicial functions incompatible with Ch III of the Constitution - Whether it would be incompatible with the Constitution to impose burdens on State Ministers and officers and on the Consolidated Revenue Fund of a State.

Constitution – Ch III.

Judiciary Act 1903 (Cth) – ss 68, 79.

Costs in Criminal Cases Act 1967 (NSW) – s 2.