Attorney-General v Fardon
[2003] QCA 416
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CITATION: | Attorney-General v Fardon [2003] QCA 416 |
JUDGE(S): | de Jersey CJ, McMurdo P, Williams JA |
DELIVERED ON: | 23 September 2003 |
A-G (Qld) v Fardon
Attorney-General v Fardon
[2003] QCA 416
QCA
de Jersey CJ, McMurdo P, Williams JA
23 Sep 2003
Event | Citation or File | Date | Notes |
---|---|---|---|
Primary Judgment | SC No 5346 of 2003 (no citation) | 27 Jun 2003 | Attorney-General applied for interim detention order under s 8(2) of the Dangerous Prisoners (Sexual Offenders) Act 2003; defendant contended that s 8 of the Act was void as a result of incompatibility with Chapter III of the Constitution; interim detention order made and constitutional challenge reserved: Muir J |
Primary Judgment | [2003] QSC 200 | 09 Jul 2003 | Determination of defendant's constitutional challenge heard on 27 June 2003; challenge dismissed: Muir J |
Primary Judgment | [2003] QSC 331 | 02 Oct 2003 | Attorney-General applied for interim detention order under s 8(2) of the Dangerous Prisoners (Sexual Offenders) Act 2003 pending final hearing; interim detention order made: Atkinson J |
Primary Judgment | [2003] QSC 379 | 06 Nov 2003 | Substantive hearing of Attorney-General's application for continuing detention order pursuant to Dangerous Prisoners (Sexual Offenders) Act 2003; continuing detention order made: White J |
Primary Judgment | [2005] QSC 137 | 11 May 2005 | Attorney-General applied for review of continuing detention order pursuant to s 27(2) of the Dangerous Prisoners (Sexual Offenders) Act 2003; continuing detention order maintained: Moynihan SJA |
Primary Judgment | [2006] QSC 5 | 27 Jan 2006 | Defendant applied for declarations that annual reviews pursuant to s 27 of the Dangerous Prisoners (Sexual Offenders) Act 2003 were required by certain dates and also sought an order that the continuing detention order be rescinded; application dismissed: Philippides J |
Primary Judgment | [2006] QSC 275 | 27 Sep 2006 | Attorney-General applied for review of continuing detention order pursuant to s 27(2) of the Dangerous Prisoners (Sexual Offenders) Act 2003; supervision order proposed and application re-listed for finalisation within 30 days: P Lyons J |
Primary Judgment | [2006] QSC 336 | 07 Nov 2006 | On the resumed hearing of the Attorney-General's application pursuant to s 27 of the Dangerous Prisoners (Sexual Offenders) Act 2003; continuing detention order made by White J on 6 November 2003 rescinded and supervision order imposed: P Lyons J |
Primary Judgment | [2007] QSC 299 | 19 Oct 2007 | Attorney-General applied to amend, or alternatively rescind, the supervision order imposed by P Lyons J on 7 November 2006; supervision order amended: Wilson J |
Primary Judgment | [2011] QSC 18 | 16 Feb 2011 | Defendant applied for orders pursuant to s 21(4) of the Dangerous Prisoners (Sexual Offenders) Act 2003 seeking dismissal of a contravention application brought against him, or alternatively for an order that he be released pending determination of that application; application dismissed: A Lyons J |
Primary Judgment | [2011] QSC 128 | 20 May 2011 | Attorney-General applied for orders pursuant to s 22 of the Dangerous Prisoners (Sexual Offenders) Act 2003 that defendant be detained in custody for an indefinite term of care: ordered that defendant be released from custody subject to a supervision order: Dick A/J |
Primary Judgment | [2013] QSC 12 | 13 Feb 2013 | Attorney-General applied for review pursuant to s 30 of the Dangerous Prisoners (Sexual Offenders) Act 2003 of continuing detention order imposed by Court of Appeal on 1 July 2011; continuing detention order made on 1 July 2011 rescinded and supervision order imposed: Mullins J |
Primary Judgment | [2013] QSC 264 | 27 Sep 2013 | Attorney-General applied for annual review pursuant to s 30 of the Dangerous Prisoners (Sexual Offenders) Act 2003 that defendant remain subject to continuing detention order made on 1 July 2011 in [2011] QCA 155; proposed that detention order be rescinded and supervision order imposed: P Lyons J |
Primary Judgment | [2013] QSC 276 | 04 Oct 2013 | Attorney-General applied for a stay of the orders proposed in [2013] QSC 264 pending determination of a proposed appeal to the Court of Appeal; application dismissed: P Lyons J |
Primary Judgment | [2014] QSC 221 | 03 Sep 2014 | Defendant applied to set aside a warrant issued pursuant to s 20 of the Dangerous Prisoners (Sexual Offenders) Act 2003; application dismissed: PD McMurdo J |
Primary Judgment | [2015] QSC 20 | 10 Feb 2015 | Defendant applied for costs of the hearing before PD McMurdo J on 3 September 2014 and 16 September 2014; Attorney-General ordered to pay the defendant's costs of and incidental to the application under s 22 of the Dangerous Prisoners (Sexual Offenders) Act 2003: P Lyons J |
Primary Judgment | [2018] QSC 193 [2018] 36 QLR | 27 Aug 2018 | Attorney General applied to set a date for the hearing of an application for a further supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003; application dismissed: Jackson J |
Primary Judgment | [2019] QSC 2 [2019] 4 QLR | 09 Jan 2019 | Attorney-General applied for an order that defendant be subject to a further supervision order for five years pursuant to s 19B and s 19C of the Dangerous Prisoners (Sexual Offenders) Act 2003; application dismissed: Bowskill J |
Appeal Determined (QCA) | [2003] QCA 416 | 23 Sep 2003 | Defendant appealed against [2003] QSC 200; whether Dangerous Prisoners (Sexual Offenders) Act 2003 fell within legislative competence of Queensland Parliament; defendant's appeal dismissed: de Jersey CJ, M McMurdo P and Williams JA |
Appeal Determined (QCA) | [2006] QCA 512 | 04 Dec 2006 | Attorney-General appealed against [2006] QSC 336; whether primary judge erred in releasing defendant subject to supervision order; appeal dismissed: M McMurdo P, WIlliams JA and White J |
Appeal Determined (QCA) | [2011] QCA 111 | 03 Jun 2011 | Attorney-General applied for a stay pending appeal against the orders made in [2011] QSC 128; application granted and stay imposed: Chesterman JA |
Appeal Determined (QCA) | [2011] QCA 155 | 01 Jul 2011 | Attorney-General appealed against orders of [2011] QSC 128; appeal allowed, order of 20 May 2011 set aside and order made that defendant be detained in custody for an definite term for care, control or treatment: de Jersey CJ, Fraser JA and Mullins J |
Appeal Determined (QCA) | [2013] QCA 16 | 14 Feb 2013 | Attorney-General applied for a stay pending appeal of the orders made in [2013] QSC 12; application granted and stay imposed: Muir JA |
Appeal Determined (QCA) | [2013] QCA 64 | 28 Mar 2013 | Attorney-General appealed against [2013] QSC 12; whether primary judge erred in setting aside continuing detention order; appeal allowed, orders below set aside and matter remitted for re-hearing: Muir and Gotterson JJA and Atkinson J |
Appeal Determined (QCA) | [2013] QCA 299 [2013] 42 QLR | 10 Oct 2013 | Attorney-General applied for a stay of the orders made by P Lyons J in [2013] QSC 264 pending appeal; stay granted pending determination of appeal: Morrison JA |
Appeal Determined (QCA) | [2013] QCA 365 (2014) 306 ALR 300; [2014] 2 Qd R 532 | 06 Dec 2013 | Attorney-General appealed against [2013] QSC 264; defendant filed a notice of contention and Attorney-General applied for a statement of case for opinion: appeal dismissed and declaration that ss 3 and 6 of the Criminal Law Amendment (Public Interest Declarations) Amendment Act 2013 are invalid: Holmes, Muir and Fraser JJA |
Appeal Determined (QCA) | [2018] QCA 251 [2019] 2 Qd R 487 | 03 Oct 2018 | Attorney-General appealed against [2018] QSC 251; appeal allowed, leave for Attorney-General to adduce further evidence granted, trial judge ordered to hear application for further supervision order and supervision order extended: Holmes CJ, Gotterson JA and Henry J |
HCA Interlocutory Judgment | [2003] HCATrans 488 | 20 Nov 2003 | Defendant applied for expedition of his application for special leave to appeal against [2003] QCA 416; application granted: Callinan J |
Special Leave Granted (HCA) | [2003] HCATrans 533 | 12 Dec 2003 | Defendant applied for special leave to appeal against [2003] QCA 416; special leave granted: Gummow and Kirby JJ |
HCA Judgment | (2004) 223 CLR 575 (2004) 210 ALR 50 (2004) 78 ALJR 1519 | 01 Oct 2004 | Defendant granted special leave to appeal against [2003] QCA 416; appeal dismissed: Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan and Heydon JJ |