Full Court Minute Books

Case P50/2013

Commonwealth Minister for Justice v. Adamas and Anor

Case No.


Case Information

Lower Court Judgment

15/02/2013 Federal Court of Australia (Lander J, McKerracher J, Barker J)

[2013] FCAFC 14


Administrative law – Jurisdictional error – Failure to take into account a relevant consideration or taking into account an irrelevant consideration – Extradition Act 1998 (Cth) (the “Act”) – The Minister ordered the extradition of the respondent to the Republic of Indonesia – Whether the Minister was required to undergo a staged process of consideration under Article 9(2)(b) of the Extradition Treaty between Indonesia and Australia – Whether failure to do so constitutes jurisdictional error.

Extradition – Extradition Act 1998 (Cth) (the “Act”) – Extradition Treaty between Indonesia and Australia (the “Treaty”) – Whether Art 9(2)(b) of the Treaty requires the Minister to determine whether the circumstances of the first respondent’s conviction in absentia, right to appeal or review, and sentence imposed are “unjust, oppressive or incompatible with humanitarian considerations” before considering the other facts – Whether “unjust” under Art 9(2)(b) of the Treaty is assessed against Australian law

Short Particulars


12/09/2013 Hearing (SLA, Perth)

26/09/2013 Notice of appeal

17/10/2013 Written submissions (Appellant)

17/10/2013 Chronology (Appellant)

07/11/2013 Written submissions (First Respondent)

21/11/2013 Reply

28/11/2013 Hearing (Full Court, Canberra) (Audio-visual recording)

18/12/2013 Judgment (Judgment summary)