O'Meara v McTackett [2000] HCA 32

O'Meara v McTackett [2000] HCA 32

The application for removal was refused because the Supreme Court of New South Wales has jurisdiction to determine the issues raised, the applicant's constitutional arguments lack substantial merit, and granting the application would fragment criminal proceedings.

Parties
Applicant: Kenneth Ian O'Meara; Respondents: Stephen Graham McTackett & Ors
Jurisdiction
Australia
Judgment Date
31 May 2000
Procedural Posture
Application for Removal / Final Disposition of Interlocutory Application
Outcome
Application dismissed
Legal Topics
Search Warrant Validity, Commonwealth Legislative Power—criminal Law, Jurisdiction—removal to High Court, Director of Public Prosecutions—exercise of Power
Constitutional Law Criminal Law Practice and Procedure Search Warrant Validity Commonwealth Legislative Power—criminal Law Jurisdiction—removal to High Court Director of Public Prosecutions—exercise of Power

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Parties

Kenneth Ian O'Meara

Applicant

Stephen Graham McTackett & Ors

Respondents

Procedural Posture

Application for Removal / Final Disposition of Interlocutory Application

Legal Issues

  1. 1 Whether authorisation of a search warrant under s 3E of the Crimes Act 1914 (Cth) breaches s 71 of the Constitution
  2. 2 Whether s 29D of the Crimes Act 1914 (Cth) is beyond the legislative power of the Commonwealth Parliament
  3. 3 Whether State laws authorising the New South Wales Director of Public Prosecutions to issue indictments under s 10 of the Criminal Procedure Act 1986 (NSW) are inconsistent with s 7(2) of the Australia Act 1986 (Cth) and s 109 of the Constitution

Ratio Decidendi

The application for removal was refused because the Supreme Court of New South Wales has jurisdiction to determine the issues raised, the applicant's constitutional arguments lack substantial merit, and granting the application would fragment criminal proceedings.

Court Disposition

Application dismissed

Orders

  • Application dismissed.
  • Applicant to pay the costs of the first, second, third, fourth and eighth respondents.