Knight v VictoriaCitation:[2017] HCA 29Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:17 Aug 2017Case Number:M251/2015Read more

Section 74AA of the Corrections Act 1986 (Vic), although identifying the plaintiff by name and restricting parole, does not substantially impair the institutional integrity of the Supreme Court and is not inconsistent with the Kable principle.

Source-derived case information.

Parties: Plaintiff: Plaintiff; Defendant: State of Victoria
Jurisdiction: Australia
Judgment Date: 17 August 2017
Procedural Posture: Constitutional Law / Judgment
Outcome: Plaintiff's challenge dismissed
Legal Topics: Kable Principle, State Supreme Courts, Parole Legislation, Institutional Integrity, Party Specific Legislation

Constitutional Law Kable Principle State Supreme Courts Parole Legislation Institutional Integrity Party Specific Legislation

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2

Parties

Plaintiff

State of Victoria

Defendant

Procedural Posture

Constitutional Law / Judgment

Legal Issues

1 Whether s 74AA of Corrections Act 1986 (Vic) impairs the institutional integrity of the Supreme Court
2 Whether s 74AA interferes with sentences imposed by the Supreme Court
3 Whether Crump v New South Wales is distinguishable

Ratio Decidendi

Court Disposition

Plaintiff's challenge dismissed

Orders

Section 74AA of the Corrections Act 1986 (Vic) is valid
Plaintiff's application is dismissed

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