Alqudsi v The Commonwealth

In *Alqudsi v The Commonwealth*, the plaintiff, Mr Alqudsi, sought declaratory relief from the High Court of Australia concerning the validity of section 7(1)(e) of the *Crimes (Foreign Incursions and Recruitment) Act 1978* (Cth) in the context of pending criminal proceedings against him. The plaintiff also sought the remittal of these proceedings. Separately, the Commonwealth applied for the removal of the criminal proceedings into the High Court.

The High Court was required to determine whether the proceedings should be remitted to the Supreme Court of New South Wales, and whether sufficient cause had been shown to remove the pending criminal proceedings into the High Court. A key consideration for the court was the principle against the fragmentation of pending criminal proceedings.

French CJ reasoned that the plaintiff's application for declaratory relief concerning the validity of a provision of the Act, in the context of ongoing criminal proceedings, did not constitute sufficient cause to remove those proceedings into the High Court. His Honour noted the strong principle against fragmenting criminal proceedings by allowing collateral challenges to the validity of the charges or the governing legislation in a separate forum. Consequently, the application for removal by the Commonwealth was dismissed. However, the plaintiff's summons seeking remittal of the proceedings was granted, with the matter to continue in the Supreme Court of New South Wales as if the steps taken in the High Court had been taken there.