Cherry v Queensland

HIGH COURT OF AUSTRALIAGAGELER CJ,GORDON, EDELMAN, STEWARD, GLEESON, JAGOT AND BEECH‑JONES JJRODNEY MICHAEL CHERRY  PLAINTIFFANDSTATE OF QUEENSLAND  DEFENDANTCherry v Queensland[2025] HCA 14Date of Hearing: 4 February 2025Date of Judgment: 9 April 2025B11/2024ORDERThe questions stated for the opinion of the Full Court in the special case filed on 4 October 2024 be answered as follows:Question (a): Is s 175L of the Corrective Services Act 2006 (Qld) invalid because it enables the Queensland Executive to impermissibly interfere with the exercise of judicial power by State Courts, contrary to the principle established in Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51?Answer:No.Question (b): Is s 175E of the Corrective Services Act 2006 (Qld) invalid because it enables the Queensland Executive to impermissibly interfere with the exercise of judicial power by State Courts, contrary to the principle established in Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51?Answer:No answer is required.Question (c):   If the answer to Question (a) is "yes", does s 193A of the Corrective Services Act 2006 (Qld) as in force before the commencement of the amendments made by Pt 3 of the Police Powers and Responsibilities and Other Legislation Amendment Act 2021 (Qld) (including omissions and substitutions) apply to the plaintiff?Answer:No answer is required given the answer to question (a).Question (d):   Who should pay the costs of the proceeding?Answer:The plaintiff.RepresentationA D Scott KC with Z G Brereton for the plaintiff (instructed by Prisoners' Legal Service)G J D del Villar KC, Solicitor-General of the State of Queensland, with...