Tieken v The Queen [1995] FCA 896

Tieken v The Queen [1995] FCA 896

Order 22 rule 2 of the Federal Court Rules, properly construed, applied to the situation where the Director of Public Prosecutions had invoked s. 30A of the Federal Court of Australia Act 1976, and it was appropriate to grant leave to discontinue pursuant to that rule.

Jurisdiction
Australia
Judgment Date
23 October 1995
Procedural Posture
Submission Pursuant to S. 30 a of the Federal Court of Australia Act 1976 of a Question of Law for Determination by a Full Court / Application for Leave to Discontinue Proceedings
Outcome
Leave granted to discontinue the proceedings.
Legal Topics
['discontinuance of Proceedings' 'construction of Order 22 Rule 2 of the Federal Court Rules' 'submission of Question of Law Under S. 30 a of the Federal Court of Australia Act 1976']
['practice and Procedure' 'criminal Procedure'] ['discontinuance of Proceedings' 'construction of Order 22 Rule 2 of the Federal Court Rules' 'submission of Question of Law Under S. 30 a of the Federal Court of Australia Act 1976']

Case Brief

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Procedural Posture

Submission Pursuant to S. 30 a of the Federal Court of Australia Act 1976 of a Question of Law for Determination by a Full Court / Application for Leave to Discontinue Proceedings

Legal Issues

  1. 1 ['Whether the Director of Public Prosecutions, having availed himself of s. 30A of the Federal Court of Australia Act 1976, could then discontinue the proceedings under Order 22 rule 2 of the Federal Court Rules.']

Ratio Decidendi

Order 22 rule 2 of the Federal Court Rules, properly construed, applied to the situation where the Director of Public Prosecutions had invoked s. 30A of the Federal Court of Australia Act 1976, and it was appropriate to grant leave to discontinue pursuant to that rule.

Court Disposition

Leave granted to discontinue the proceedings.

Orders

  • ['The Director of Public Prosecutions have leave to discontinue the proceedings.']