An intermediate appellate court is not required to vacate a hearing date merely because a related issue is pending in the High Court, where the applicant has alternative remedies including seeking special leave to appeal or proceeding under Pt 7 of the Crimes (Appeal and Review) Act 2001 (NSW). The established principles in McAuliffe v The Queen regarding the mental element of extended joint criminal enterprise (foresight of possibility as sufficient for murder) remain binding on intermediate appellate courts unless and until reconsidered by the High Court.
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