UD v. The Queen
Case No.
C7/2020
Case Information
Lower Court
Supreme Court of the Australian Capital Territory
Catchwords
Constitutional law – Powers of courts – Powers of Legislative Assembly of Australian Capital Territory – Trial by jury – Where applicant charged with offences against Criminal Code 2002 (ACT) – Where judge of ACT Supreme Court ordered that applicant’s trial be heard by judge alone pursuant to s 68BA of Supreme Court Act 1933 (ACT) – Whether s 68BA invalid because incompatible with constitutional limitation derived from Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51 – Whether s 68BA beyond power of ACT Legislative Assembly under s 22 of Australian Capital Territory (Self-Government) Act 1988 (Cth) – Whether s 68BA beyond power of ACT Legislative Assembly by reason of s 48A of Australian Capital Territory (Self-Government) Act 1988 (Cth) – Whether s 68BA invalid by reason of s 80 of Constitution
Documents*
29/04/2020 Hearing (Single Justice, Melbourne v/link Canberra)
30/04/2020 Order
05/05/2020 Cause Removed
11/05/2020 Written submissions (Applicant)
11/05/2020 Chronology (Applicant)
11/05/2020 Submitting appearance (Respondent)
25/05/2020 Written submissions (Attorney-General for the Australian Capital Territory intervening)
28/05/2020 Hearing (Single Justice, Melbourne link to Canberra)
28/05/2020 Order
12/06/2020 Reply
30/06/2020 Hearing (Full Court) - VACATED
*The due dates shown for documents on this page are indicative only.