Markisic v Vizza & 16 Ors

The parties in this matter were Markisic and Vizza & 16 Ors. The dispute concerned the availability of the Supreme Court (Summary Jurisdiction) Act 1967 (NSW) for federal offences. The case was heard by Mason P, Ipp JA, and Young CJ in Eq in the Court of Appeal.

The primary legal issue before the court was whether the Supreme Court (Summary Jurisdiction) Act 1967 (NSW) could be applied to federal offences, notwithstanding the provisions of s 68(2) of the Judiciary Act 1903 (Cth). The court was required to determine the scope of the summary jurisdiction of the Supreme Court of New South Wales in relation to federal criminal matters.

The court reasoned that the Supreme Court (Summary Jurisdiction) Act 1967 (NSW) was confined to a finite list of State offences and was not available for federal offences. Section 68(2) of the Judiciary Act 1903 (Cth), which confers federal jurisdiction on State courts, does not operate to extend the summary jurisdiction of the Supreme Court of New South Wales beyond the specific State offences enumerated in its enabling legislation. Therefore, the Act could not be invoked for federal matters.

The summonses and motions for extension of time in each of the appeals were dismissed with costs.