Re Birmingham DCJ; Ex Parte Agapis

[2014] WASCA 197

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judicial review
3. › Prerogative writs
4. › Certiorari
5. › Whether certiorari available against District Court exercising criminal jurisdiction as superior court of record
6. › District Court of Western Australia Act 1969 (WA), ss 42(1), 44, 80, 81
1. Practice and Procedure
2. › Judicial review
3. › Prerogative writs
4. › Mandamus
5. › Whether mandamus available against District Court judge
6. › District Court of Western Australia Act 1969 (WA), s 84(1)
1. Practice and Procedure
2. › Abuse of process
3. › Collateral attack on criminal conviction
4. › Whether application for judicial review after dismissed appeal constitutes abuse of process
1. Appeal
2. › Whether grounds of appeal have reasonable prospect of success
3. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(g)(i)

Quick Take

The District Court of Western Australia in its criminal jurisdiction is a superior court of record not amenable to certiorari at common law. Section 80 of the District Court of Western Australia Act 1969 (WA) precludes removal of judgments except as provided by the Act, and s 81 certiorari is available only for proceedings 'pending' in the District Court. An application for judicial review seeking to re-agitate matters already determined on appeal against conviction is an abuse of process.