Buzzacott v Hill [1999] FCA 639

Buzzacott v Hill [1999] FCA 639

There is no factual or legal basis for restraining the Australian Government Solicitor from representing the respondents; allegations of professional misconduct against counsel do not justify injunctive relief; the issues regarding the existence of domestic genocide law and issues raised in strike-out applications are pending determination before a differently constituted Full Court and should not be determined in parallel.

Jurisdiction
Australia
Judgment Date
10 May 1999
Procedural Posture
Application and Notices of Motion in Civil Proceedings / Interlocutory Orders and Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed; various notices of motion dismissed or stood over; strike-out application adjourned; all costs reserved.
Legal Topics
['genocide in Domestic Law' 'jurisdiction of Australian Courts' 'government Legal Representation']
['constitutional Law' 'administrative Law'] ['genocide in Domestic Law' 'jurisdiction of Australian Courts' 'government Legal Representation']

Case Brief

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Procedural Posture

Application and Notices of Motion in Civil Proceedings / Interlocutory Orders and Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether there is a prohibition of genocide in Australian domestic law' 'Whether the Australian Government Solicitor can represent Ministers accused of genocide' 'Whether alleged misconduct by opposing counsel justifies injunctive relief restraining legal representation']

Ratio Decidendi

There is no factual or legal basis for restraining the Australian Government Solicitor from representing the respondents; allegations of professional misconduct against counsel do not justify injunctive relief; the issues regarding the existence of domestic genocide law and issues raised in strike-out applications are pending determination before a differently constituted Full Court and should not be determined in parallel.

Court Disposition

Application for leave to appeal dismissed; various notices of motion dismissed or stood over; strike-out application adjourned; all costs reserved.

Orders

  • ["The applicant's application for leave to appeal against the orders of O'Loughlin J made on 1 April 1999 is dismissed." "The applicant's notice of motion dated 29 March 1999 is dismissed save for paragraphs 2, 4 and 5 which are stood over." "The applicant's notice of motion dated 8 April 1999 is dismissed save for...