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Attorney-General v Fardon[2013] QCA 299

Attorney-General v Fardon[2013] QCA 299

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Editorial Notes

  • Published Case Name:

    Attorney-General for the State of Queensland v Fardon

  • Shortened Case Name:

    Attorney-General v Fardon

  • MNC:

    [2013] QCA 299

  • Court:

    QCA

  • Judge(s):

    Morrison JA

  • Date:

    10 Oct 2013

Litigation History

EventCitation or FileDateNotes
Primary JudgmentSC No 5346 of 2003 (no citation)27 Jun 2003Attorney-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 20009 Jul 2003Determination of defendant's constitutional challenge heard on 27 June 2003; challenge dismissed: Muir J
Primary Judgment[2003] QSC 33102 Oct 2003Attorney-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 37906 Nov 2003Substantive 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 13711 May 2005Attorney-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 527 Jan 2006Defendant 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Offenders) Act 2003 were required by certain dates and also sought an order that the continuing detention order be rescinded; application dismissed: Philippides J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 27527 Sep 2006Attorney-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 33607 Nov 2006On 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 29919 Oct 2007Attorney-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 1816 Feb 2011Defendant 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 12820 May 2011Attorney-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 1213 Feb 2013Attorney-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 26427 Sep 2013Attorney-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 27604 Oct 2013Attorney-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 22103 Sep 2014Defendant 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 2010 Feb 2015Defendant 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 QLR27 Aug 2018Attorney 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 QLR09 Jan 2019Attorney-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)[2011] QCA 15501 Jul 2011Attorney-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 299 [2013] 42 QLR10 Oct 2013Attorney-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)[2003] QCA 41623 Sep 2003Defendant 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 51204 Dec 2006Attorney-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 11103 Jun 2011Attorney-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)[2013] QCA 1614 Feb 2013Attorney-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 6428 Mar 2013Attorney-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 365 (2014) 306 ALR 300; [2014] 2 Qd R 53206 Dec 2013Attorney-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 48703 Oct 2018Attorney-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 48820 Nov 2003Defendant 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 53312 Dec 2003Defendant 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 151901 Oct 2004Defendant granted special leave to appeal against [2003] QCA 416; appeal dismissed: Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan and Heydon JJ

Appeal Status

Appeal Determined (QCA) - Appeal Determined (HCA)

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