Karamaroudis v Queensland Police Service & Ors

[2023] QCA 217

Queensland Court of Appeal

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Interrogate

Catchwords

1. Courts and Judges
2. › Courts
3. › Jurisdiction
4. › Power to refer matters to prosecuting authorities
5. › Whether a private individual can seek court orders referring persons to the Director of Public Prosecutions or Legal Services Commission
6. › Whether cause of action exists at common law or under statute
7. › Crime and Corruption Act 2001 (Qld), ss 36, 38
8. › Legal Profession Act 2007 (Qld), s 429
1. Courts and Judges
2. › Judges
3. › Disqualification for interest or bias
4. › Apprehended bias
5. › Two-step test for apprehended bias
6. › Whether conduct of magistrate during hearing gave rise to reasonable apprehension of bias
7. › Whether adverse rulings or testing of submissions constitute bias
1. Courts and Judges
2. › Judges
3. › Disqualification for interest or bias
4. › Actual bias
5. › Whether magistrate so committed to conclusion as to be incapable of alteration
1. Practice and Procedure
2. › Interlocutory injunctions
3. › Stay of committal proceedings
4. › Whether Supreme Court has power to stay committal proceedings in Magistrates Court
5. › Whether serious question to be tried established
6. › Public interest in bringing criminal charges to trial
7. › Justices Act 1886 (Qld)

Quick Take

A private individual has no cause of action to seek court orders referring persons to the Director of Public Prosecutions, Legal Services Commission, or Crime and Corruption Commission; such referrals are within the court's own motion jurisdiction only. Neither s 36 nor s 38 of the Crime and Corruption Act 2001 (Qld), nor s 429 of the Legal Profession Act 2007 (Qld), provides a basis for such relief. It remains an open question whether the Supreme Court has power to stay committal proceedings under its supervisory jurisdiction.