Clampett v Hill & Ors

[2007] QCA 394

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judicial review
3. › Summary dismissal of judicial review application
4. › Appeal against summary dismissal
5. › Whether appeal should be struck out as having no reasonable prospect of success
6. › Judicial Review Act 1991 (Qld)
1. Practice and Procedure
2. › Court process
3. › Sealing of court documents
4. › Definition of 'seal'
5. › Whether stamp applied to District Court notice of appeal constituted valid seal
6. › District Court Act 1967 (Qld), ss 8B, 39(2)
7. › Uniform Civil Procedure Rules 1999 (Qld), r 978
1. Constitutional Law
2. › State constitutions
3. › Queensland
4. › Validity of Queensland courts
5. › Whether Australia Acts (Request) Act 1985 (Qld) required preceding referendum
6. › Whether authority of Governor affected
7. › Constitution Act 1867 (Qld), s 53
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Vexatious proceedings
5. › Whether appeal properly characterised as vexatious

Quick Take

The term 'seal' in s 8B of the District Court Act 1967 (Qld) is not separately defined and embraces a stamp applied in accordance with usual practice. The conduct of a Commonwealth prosecutor and the judicial decision of a District Court Judge are not reviewable under the Judicial Review Act 1991 (Qld). The constitutional argument that the Australia Acts (Request) Act 1985 (Qld) required a preceding referendum under s 53 of the Constitution Act 1867 (Qld) has been repeatedly rejected.