Khamiss v Director of Public Prosecutions (NSW)
Case
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[2025] NSWCA 140
•23 June 2025
Details
AGLC
Case
Decision Date
Khamiss v Director of Public Prosecutions (NSW) [2025] NSWCA 140
[2025] NSWCA 140
23 June 2025
CaseChat Overview and Summary
The matter of *Khamiss v Director of Public Prosecutions (NSW)* came before Leeming JA in the Court of Appeal of New South Wales. The dispute concerned an application by Ms Khamiss, with the respondent Director of Public Prosecutions (DPP) not opposing, for the appointment of an amicus curiae. This arose due to questions of general principle being engaged in the proceedings.
The central legal issue before the Court was whether an amicus curiae should be appointed to assist the Court in determining the questions of general principle. The Court was required to consider the appropriate procedure for such an appointment and the subsequent steps to ensure the amicus could effectively contribute to the hearing.
Leeming JA reasoned that the appointment of an amicus curiae was appropriate given the general principles involved. The Court ordered that the further amended summons, along with the parties' submissions, be referred to the Registrar for referral to the NSW Bar Association to appoint counsel as an amicus curiae. The Court noted the existing hearing date and indicated that the amicus should file submissions in advance, with the possibility of vacating the hearing if necessary to accommodate the amicus's availability. The Registrar would then make further directions regarding submissions and hearing dates.
The central legal issue before the Court was whether an amicus curiae should be appointed to assist the Court in determining the questions of general principle. The Court was required to consider the appropriate procedure for such an appointment and the subsequent steps to ensure the amicus could effectively contribute to the hearing.
Leeming JA reasoned that the appointment of an amicus curiae was appropriate given the general principles involved. The Court ordered that the further amended summons, along with the parties' submissions, be referred to the Registrar for referral to the NSW Bar Association to appoint counsel as an amicus curiae. The Court noted the existing hearing date and indicated that the amicus should file submissions in advance, with the possibility of vacating the hearing if necessary to accommodate the amicus's availability. The Registrar would then make further directions regarding submissions and hearing dates.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Criminal Law
Legal Concepts
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Procedural Fairness
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Jurisdiction
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Stay of Proceedings
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Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
4
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[2019] NSWSC 1749
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Wishart v Fraser
[1941] HCA 8