Oliver Markisic v Magistrate David Heilpern; Dragan Markisic v Magistrate David Heilpern [2011] NSWSC 410

Oliver Markisic v Magistrate David Heilpern; Dragan Markisic v Magistrate David Heilpern [2011] NSWSC 410

Leave to intervene was granted because the proceedings challenged a Magistrate's refusal to authorise criminal proceedings against Supreme Court judicial officers for acts done in the exercise of judicial duties, thereby touching the administration of justice; there was no effective contradictor and even proposed added judicial defendants were likely to file submitting appearances; and the Attorney General was the appropriate public officer to represent the public interest and assist the Court. The Court held that Rule 50.5 UCPR did not require joinder of the three judicial officers because the relief sought was to set aside Magistrate Heilpern's decision and the Attorney General, now a...

Jurisdiction
Australia
Judgment Date
06 May 2011
Procedural Posture
Interlocutory Applications / Notices of Motion by the Attorney General of New South Wales Seeking Leave to Appear as an Intervenor Or, Alternatively, as Amicus Curiae in Proceedings Challenging a Magistrate's Refusal to Sign Court Attendance Notices.
Outcome
Leave granted for the Attorney General of New South Wales to intervene in each set of proceedings; Magistrate David Heilpern removed as a party; directions made for the Plaintiffs to file and serve Further Amended Summonses identifying the Attorney General as the sole Defendant; leave granted to the Attorney General...
Legal Topics
['intervention by Attorney General' 'amicus Curiae' 'effective Contradictor' 'joinder of Parties' 'court Attendance Notices' 'summary Dismissal Directions' 'proceedings Concerning Judicial Officers']
['practice and Procedure' 'administration of Justice' 'criminal Procedure'] ['intervention by Attorney General' 'amicus Curiae' 'effective Contradictor' 'joinder of Parties' 'court Attendance Notices' 'summary Dismissal Directions' 'proceedings Concerning Judicial Officers']

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Procedural Posture

Interlocutory Applications / Notices of Motion by the Attorney General of New South Wales Seeking Leave to Appear as an Intervenor Or, Alternatively, as Amicus Curiae in Proceedings Challenging a Magistrate's Refusal to Sign Court Attendance Notices.

Legal Issues

  1. 1 ['Whether the Attorney General of New South Wales should be granted leave to appear as an intervenor or, alternatively, as amicus curiae in each proceeding.' 'Whether the absence of an effective contradictor and the public interest in the administration of justice justified intervention by the Attorney General.' 'Whether the Plaintiffs should be permitted or required to join the Supreme Court Judges named in the proposed Court Attendance Notices as defendants.' 'Whether Magistrate David Heilpern should be removed as a party and the Attorney General identified as the sole Defendant.']

Ratio Decidendi

Leave to intervene was granted because the proceedings challenged a Magistrate's refusal to authorise criminal proceedings against Supreme Court judicial officers for acts done in the exercise of judicial duties, thereby touching the administration of justice; there was no effective contradictor and even proposed added judicial defendants were likely to file submitting appearances; and the Attorney General was the appropriate public officer to represent the public interest and assist the Court. The Court held that Rule 50.5 UCPR did not require joinder of the three judicial officers because the relief sought was to set aside Magistrate Heilpern's decision and the Attorney General, now a...

Court Disposition

Leave granted for the Attorney General of New South Wales to intervene in each set of proceedings; Magistrate David Heilpern removed as a party; directions made for the Plaintiffs to file and serve Further Amended Summonses identifying the Attorney General as the sole Defendant; leave granted to the Attorney General...

Orders

  • ['Leave granted to the Attorney General of New South Wales to appear as an intervenor in each proceeding.' 'Magistrate David Heilpern removed from the proceedings.' 'Each Plaintiff must file and serve a Further Amended Summons identifying the Attorney General of New South Wales as the sole Defendant in each case by...