Vella v Commissioner of Police (NSW)Citation:[2019] HCA 38Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:06 Nov 2019Case Number:S30/2019Read more
The powers conferred by the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW) do not substantially impair the institutional integrity of State courts and are not incompatible with their role as repositories of federal judicial power.
- Parties
- Unknown: Unknown (not specified in input)
- Jurisdiction
- Australia
- Judgment Date
- 06 November 2019
- Procedural Posture
- Constitutional Law / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Judicial Power, Institutional Integrity of State Courts, Serious Crime Prevention Orders, Kable Principle
Case Brief
Summary, issues, holding and outcome
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Parties
Unknown (not specified in input)
Unknown
Procedural Posture
Constitutional Law / Judgment
Legal Issues
- 1 Whether the making of a Serious Crime Prevention Order under s 5(1) of the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW) is an exercise of judicial power
- 2 Whether the powers conferred by the Act are incompatible with the State court's role as a repository of federal judicial power
- 3 Whether the powers conferred by the Act substantially impair the institutional integrity of the State court
Ratio Decidendi
The powers conferred by the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW) do not substantially impair the institutional integrity of State courts and are not incompatible with their role as repositories of federal judicial power.
Court Disposition
Application dismissed
Orders
- The application is dismissed.
Full Case Text
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