Knight v Victoria

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Knight v Victoria

[2017] HCA 29

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Knight v Victoria

[2017] HCA 29

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJJULIAN KNIGHT  PLAINTIFFANDTHE STATE OF VICTORIA & ANOR  DEFENDANTSKnight v Victoria[2017] HCA 2917 August 2017M251/2015ORDERThe questions stated by the parties in the amended special case dated 17 February 2017 and referred for consideration by the Full Court be answered as follows:Question (a)Is s 74AA of the [Corrections Act 1986 (Vic)] invalid on the ground it is contrary to Ch III of the Constitution?AnswerNo.Question (b)Who should pay the costs of the proceeding?AnswerThe plaintiff.RepresentationK L Walker QC and D B Bongiorno with B C Gauntlett for the plaintiff (instructed by Stary Norton Halphen)R M Niall QC, Solicitor-General for the State of Victoria with G A Hill for the first defendant (instructed by Victorian Government Solicitor)Submitting appearance for the second defendantS P Donaghue QC, Solicitor-General of the Commonwealth with G J D del Villar for the Attorney-General of the Commonwealth, intervening (instructed by Australian Government Solicitor)M G Sexton SC, Solicitor-General for the State of New South Wales with J E Davidson for the Attorney-General for the State of New South Wales, intervening (instructed by Crown Solicitor (NSW))P J Dunning QC, Solicitor-General of the State of Queensland with A D Keyes for the Attorney-General of the State of Queensland, intervening (instructed by Crown Solicitor (Qld))P D Quinlan SC, Solicitor-General for the State of Western Australia with H C Richardson for the Attorney-General for the State of Western Australia, intervening (instructed by State Solicitor (WA))C D Bleby SC, Solicitor-General for the State of South...

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Knight v Victoria

[2017] HCA 29

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJJULIAN KNIGHT  PLAINTIFFANDTHE STATE OF VICTORIA & ANOR  DEFENDANTSKnight v Victoria[2017] HCA 2917 August 2017M251/2015ORDERThe questions stated by the parties in the amended special case dated 17 February 2017 and referred for consideration by the Full Court be answered as follows:Question (a)Is s 74AA of the [Corrections Act 1986 (Vic)] invalid on the ground it is contrary to Ch III of the Constitution?AnswerNo.Question (b)Who should pay the costs of the proceeding?AnswerThe plaintiff.RepresentationK L Walker QC and D B Bongiorno with B C Gauntlett for the plaintiff (instructed by Stary Norton Halphen)R M Niall QC, Solicitor-General for the State of Victoria with G A Hill for the first defendant (instructed by Victorian Government Solicitor)Submitting appearance for the second defendantS P Donaghue QC, Solicitor-General of the Commonwealth with G J D del Villar for the Attorney-General of the Commonwealth, intervening (instructed by Australian Government Solicitor)M G Sexton SC, Solicitor-General for the State of New South Wales with J E Davidson for the Attorney-General for the State of New South Wales, intervening (instructed by Crown Solicitor (NSW))P J Dunning QC, Solicitor-General of the State of Queensland with A D Keyes for the Attorney-General of the State of Queensland, intervening (instructed by Crown Solicitor (Qld))P D Quinlan SC, Solicitor-General for the State of Western Australia with H C Richardson for the Attorney-General for the State of Western Australia, intervening (instructed by State Solicitor (WA))C D Bleby SC, Solicitor-General for the State of South...