Taylor v. Attorney-General of the Commonwealth
Case No.
M36/2018
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.
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)