DOWNEY v ACTING DISTRICT COURT JUDGE BOULTON (NO 1) [2010] NSWCA 48

DOWNEY v ACTING DISTRICT COURT JUDGE BOULTON (NO 1) [2010] NSWCA 48

The Court made procedural directions for preparation of the matter for hearing, including orders for amended pleadings, addition of parties, service of affidavits regarding the s 78B notice, and preparation of evidence.

Jurisdiction
Australia
Judgment Date
15 March 2010
Procedural Posture
Directions Hearing / Pre Trial Directions
Outcome
Procedural orders made for management of the case; no final determination of substantive issues.
Legal Topics
['directions' 'preparation for Hearing' 'constitutional Notice']
['procedure'] ['directions' 'preparation for Hearing' 'constitutional Notice']

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Procedural Posture

Directions Hearing / Pre Trial Directions

Legal Issues

  1. 1 ['Whether proper notice under s 78B of the Judiciary Act 1903 (Cth) was served regarding constitutional validity issues' 'Challenge to the re-appointment of Boulton ADCJ on grounds of necessity and residence' 'Whether s 18 of the District Court Act 1973 (NSW) is constitutionally valid' 'Whether Judge Boulton could continue to sit post-expiry of appointment' "Judge Boulton's refusal to disqualify himself"]

Ratio Decidendi

The Court made procedural directions for preparation of the matter for hearing, including orders for amended pleadings, addition of parties, service of affidavits regarding the s 78B notice, and preparation of evidence.

Court Disposition

Procedural orders made for management of the case; no final determination of substantive issues.

Orders

  • ['Grant leave to the applicant to file and serve an amended summons on or before 19 March 2010.' 'Order that the District Court of New South Wales and the State of New South Wales be added as parties to the proceedings.' 'Direct the applicant to file and serve by 5 April 2010 an affidavit detailing the steps taken...