Weisinger v Detective Senior Constable Bruce Ingram
[2022] HCASL 31
WEISINGER
v
DETECTIVE SENIOR CONSTABLE BRUCE INGRAM
[2022] HCASL 31
M59/2021
The applicant applies for an order under s 40 of the Judiciary Act 1903 (Cth) removing the whole of the cause in L12245036 now pending in the Magistrates' Court of Victoria.
The application for removal should be dismissed. It is premature and, contrary to established authority, would fragment the orderly progression of the criminal process. It is premature because there is an insufficient factual foundation for the resolution of all of the issues the applicant seeks to have removed to this Court and the proceedings in the Magistrates' Court may be resolved on grounds that do not raise any real issue arising under the Constitution or involving its interpretation.
Pursuant to r 26.07.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.
M.M. Gordon S.H.P. Steward 10 March 2022
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