Ponnambalam v WA

[2013] WASCA 101

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Interlocutory applications
4. › Programming orders
5. › Review of single judge's order
6. › Whether programming order within jurisdiction
1. Constitutional Law (Cth)
2. › Judiciary Act 1903 (Cth)
3. › Section 78B notice
4. › Whether constitutional issue arises merely because party asserts it does
5. › Unarguable or vexatious assertions
6. › Judiciary Act 1903 (Cth), ss 40(1), 78B
1. Practice and Procedure
2. › Adjournment
3. › Application to adjourn pending removal to High Court
4. › Section 40(1) Judiciary Act 1903 (Cth)
5. › Whether application for removal prevents state court from proceeding

Quick Take

A constitutional issue does not arise for the purposes of s 78B or s 40(1) of the Judiciary Act 1903 (Cth) merely because a party asserts it does; if the alleged issue is unarguable or vexatious, there is no constitutional issue at all. An application under s 40(1) does not prevent a state court from proceeding with the matter, and s 78B(2)(a) does not apply to s 40(1) applications. A court may make programming orders to assess the arguability of alleged constitutional issues before determining an adjournment application.