Robertson v Robertson

[2024] QCA 92

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Procedure
4. › Power of court on appeal
5. › Certificates of dismissal under s 149 Justices Act 1886 (Qld)
6. › Whether certificates issued without hearing on merits were valid
7. › Whether court should declare certificates invalid rather than determine leave to appeal
8. › Justices Act 1886 (Qld), ss 144, 145, 149, 222
1. Practice and Procedure
2. › Declarations
3. › Supreme Court jurisdiction to declare invalid certificates void
4. › Whether appropriate to resolve dispute by declaration rather than determining merits of appeal

Quick Take

Certificates of dismissal under s 149 of the Justices Act 1886 (Qld) issued without a hearing on the merits are invalid and may be declared so by the Supreme Court, and the Court of Appeal may resolve such disputes by declaration rather than determining the merits of a leave application.