Vunilagi v The Queen

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, GORDON, EDELMAN, STEWARD, GLEESON AND JAGOT JJSIMON VUNILAGI  APPELLANTANDTHE QUEEN & ANOR  RESPONDENTSVunilagi v The Queen[2023] HCA 24Date of Hearing: 8 & 9 February 2023Date of Judgment: 8 August 2023C13/2022ORDERAppeal dismissed.On appeal from the Supreme Court of the Australian Capital TerritoryRepresentationB W Walker SC with J S Stellios for the appellant (instructed by Hugo Law Group)K L McCann with K V Lee for the first respondent (instructed by Office of the Director of Public Prosecutions (ACT))P J F Garrisson SC, Solicitor-General for the Australian Capital Territory, and H Younan SC with A M Hammond for the second respondent (instructed by Government Solicitor for the Australian Capital Territory)S P Donaghue KC, Solicitor General of the Commonwealth, with B K Lim and C Ernst for the Attorney-General of the Commonwealth, intervening (instructed by Australian Government Solicitor)N Christrup SC, Solicitor-General for the Northern Territory, with L S Peattie for the Attorney-General for the Northern Territory, intervening (instructed by Solicitor for the Northern Territory)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSVunilagi v The QueenConstitutional law (Cth) – Judicial power of Commonwealth – Jurisdiction vested in Territory courts – Institutional integrity of Territory courts – Where s 68BA inserted into Supreme Court Act 1933 (ACT) in response to COVID-19 pandemic – Where s 68BA(3) allowed Supreme Court of Australian Capital Territory ("ACT") to make order for trial by judge alone for previously excluded indictable offences if...