Attorney-General for Qld v Barnes & Anor

[2014] QCA 152

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Appeal
2. › Extension of time
3. › General principles as to grant or refusal
4. › Relevant factors
5. › Prospects of success on appeal
6. › No real prospects of success
7. › Extension refused
1. Practice and Procedure
2. › Costs
3. › Judicial review proceedings
4. › Intervention by Attorney-General
5. › Costs against the State
6. › Whether trial judge applied irrelevant criteria
7. › Apportionment of costs where successful on only one ground
8. › Judicial Review Act 1991 (Qld), ss 49, 51(2)(b)
9. › Uniform Civil Procedure Rules 1999 (Qld), rr 681, 684
1. Evidence
2. › Criminal proceedings
3. › Lies as evidence of consciousness of guilt
4. › Admissibility criteria
5. › Whether Coroner applied correct test
6. › Edwards v The Queen (1993) 178 CLR 193
1. Administrative Law
2. › Judicial review
3. › Coronial proceedings
4. › Decision to commit for trial
5. › Whether Coroner took into account irrelevant consideration
6. › Judicial Review Act 1991 (Qld)

Quick Take

Section 49(2) of the Judicial Review Act 1991 (Qld) applies only to prospective costs applications made under s 49(1) and does not govern costs applications made after the substantive judicial review decision. Where the Attorney-General intervenes under s 51 of the JR Act, costs are ordered against the State under s 51(2)(b), not against the Attorney-General personally. The common law rule against costs orders against the Crown has no application to Attorney-General interventions in judicial review proceedings governed by s 51(2)(b).