Kuczborski v Queensland

The plaintiff, Mr Kuczborski, a member of the Hells Angels Motorcycle Club, sought declarations from the High Court of Australia that the *Vicious Lawless Association Disestablishment Act 2013* (Qld) and various provisions of the *Criminal Code* (Qld), *Bail Act 1980* (Qld), and *Liquor Act 1992* (Qld) were invalid. The challenge was based on the contention that these provisions infringed the institutional integrity of State courts, as derived from the principles established in *Kable v Director of Public Prosecutions (NSW)*. The parties agreed to have the questions of law determined by way of a special case.

The High Court was required to determine whether the plaintiff possessed sufficient standing to challenge the validity of the impugned provisions. It also needed to consider whether any of the challenged provisions, particularly those in the *Criminal Code* and the *Liquor Act* that created offences involving participation in or association with "criminal organisations," offended the *Kable* principle by enlisting the courts to implement legislative or executive policy in a manner incompatible with their institutional integrity.

The Court reasoned that the plaintiff lacked standing to challenge most of the provisions. Regarding the *Kable* principle, the Court found that the impugned provisions of the *Criminal Code* and the *Liquor Act* did not infringe this principle. The Court held that the offences created by these provisions did not involve the courts being directed by the executive or enlisted to implement executive decisions in a way that compromised their institutional integrity. The Court concluded that the task given to the courts in hearing prosecutions under these provisions was compatible with their role as repositories of federal jurisdiction.

The High Court answered the questions posed in the special case. It held that the plaintiff did not have standing to seek a declaration that most of the provisions were invalid. Furthermore, the Court determined that none of the specified provisions of the *Criminal Code* or the *Liquor Act* were invalid on the ground that they infringed the principle in *Kable v Director of Public Prosecutions (NSW)*. The plaintiff was ordered to pay the costs of the special case.