Pauga v Chief Executive of Queensland Corrective Services (No 4) [2022] FCA 339

Pauga v Chief Executive of Queensland Corrective Services (No 4) [2022] FCA 339

There is no court established by legislation called the Brisbane Magistrates Court; as such, the Brisbane Magistrates Court cannot properly be named as a party, and is to be removed as a respondent from the proceedings.

Jurisdiction
Australia
Judgment Date
05 April 2022
Procedural Posture
Judicial Review (federal Crime and Related Proceedings) / Interlocutory Application Determination of Proper Parties
Outcome
Second respondent removed as a party.
Legal Topics
['joinder and Removal of Parties' 'existence of Court Entities' 'judicial Review' 'magistrates Courts Structure']
['practice and Procedure' 'criminal Law'] ['joinder and Removal of Parties' 'existence of Court Entities' 'judicial Review' 'magistrates Courts Structure']

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Procedural Posture

Judicial Review (federal Crime and Related Proceedings) / Interlocutory Application Determination of Proper Parties

Legal Issues

  1. 1 ["Whether the 'Brisbane Magistrates Court' exists as a court established by legislation" "Whether it is proper to name 'Brisbane Magistrates Court' as a party to judicial review proceedings"]

Ratio Decidendi

There is no court established by legislation called the Brisbane Magistrates Court; as such, the Brisbane Magistrates Court cannot properly be named as a party, and is to be removed as a respondent from the proceedings.

Court Disposition

Second respondent removed as a party.

Orders

  • ['The second respondent be removed as a party to the proceedings.' 'Liberty to any party to apply for any order as to the costs of and incidental to the inclusion of the second respondent as a party.']