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Extradition

Rivas v Minister for Finance (Privilege Issue)

Rivas v Minister for Finance (Privilege Issue) [2025] FCA 138

The Federal Court dismissed an interlocutory privilege application in an extradition case, finding no waiver of legal professional privilege over redacted departmental advice.

  • Legal professional privilege
  • Waiver of privilege
  • Double criminality
  • Non-refoulement obligations
  • Grounds for refusal of surrender
  • Legal-professional-privilege
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Extradition

Matson v Attorney-General

Matson v Attorney-General [2022] FCA 790

The Court held the Attorney-General could revoke an extradition surrender decision by necessary implication, but was not obliged to consider doing so. Bail was refused.

  • Revocation of surrender decision
  • Judicial review under extradition act
  • Attorney-general's powers
  • Grant of bail in extradition proceedings
  • Extradition
  • Judicial-review
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Administrative and constitutional law

Matson v Buckingham

Matson v Buckingham [2022] FCA 777

The Federal Court set aside a Registrar’s refusal to file Matson’s application, but refused bail, finding he had adequate access to prepare and a risk of non-attendance.

  • Review of registrar's decision
  • Abuse of process
  • Extradition
  • Bail application
  • Discovery
  • Access to judicial power
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Practice and procedure

Matson v Attorney-General (Cth) (No1)

Matson v Attorney-General (Cth) (No1) [2022] FCA 212

The Federal Court refused leave to file a fresh interlocutory application and refused to reopen a reserved summary judgment hearing, stressing finality and s 37M.

  • Leave to file interlocutory application
  • Re-opening proceedings
  • Principle of finality
  • Interests of justice
  • Summary judgment
  • Practice-and-procedure
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Extradition

Ireland v Dunne

Ireland v Dunne [2021] FCA 245

The Federal Court quashed a magistrate’s extradition bail decision, finding errors in the special-circumstances and flight-risk tests and inadequate reasons.

  • Extradition bail
  • Judicial review
  • Jurisdictional error
  • Procedural fairness
  • Interpretation of extradition act
  • Extradition-bail
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Practice and procedure

Castle v United States

Castle v United States [2018] FCA 1079

The Federal Court granted a non-party journalist access to specified court-file documents, applying open justice and finding no basis for suppression or non-publication orders.

  • Access to court documents
  • Open justice
  • Suppression orders
  • Non-publication orders
  • Confidentiality in court proceedings
  • Open-justice
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Extradition

Matson v United States of America

Matson v United States of America [2018] FCAFC 57

Full Federal Court dismissed an extradition appeal and related judicial review, holding the supporting affidavit met treaty and Act requirements and delay was for later consideration.

  • Extradition procedure
  • Requirements for supporting documents
  • Ministerial discretion in extradition
  • Abuse of process—delay
  • Judicial review under s 39b judiciary act
  • Interpretation of extradition act 1988 (cth)
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Extradition

Ghodskani v United States of America

Ghodskani v United States of America [2018] FCA 14

Federal Court dismissed a judicial review challenge to a magistrate’s refusal of bail in extradition proceedings, finding no jurisdictional error in the flight-risk assessment.

  • Bail in extradition proceedings
  • Judicial review
  • Jurisdictional error
  • Extradition-bail
  • Judicial-review
  • Jurisdictional-error
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Extradition

Matson (Roger) v The United States of America

Matson (Roger) v The United States of America [2016] FCA 1548

Review of an extradition eligibility decision was dismissed. The Court held there was enough time to prepare, no abuse of process ground, and no special circumstances for bail.

  • Review of magistrate's decision
  • Reasonable time to prepare hearing
  • Extradition objection
  • Abuse of process
  • Bail application
  • Extradition
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Administrative law

Matson (Baron) v Keenan

Matson (Baron) v Keenan [2016] FCA 1550

The Federal Court refused bail to an extradition applicant, finding none of the matters relied on amounted to special circumstances justifying release.

  • Application for bail
  • Special circumstances in extradition
  • Judicial review of extradition process
  • Extradition
  • Bail
  • Special-circumstances
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.