Woss v Jacobsen

In the case of Woss v Jacobsen, the appellant was brought before a justice of the peace in Western Australia under warrants for his apprehension issued in Queensland under the Service and Execution of Process Act (SEP Act). The appellant challenged the decision to return him to Queensland for trial, leading to an appeal against the Supreme Court of Western Australia's decision to refuse an application for judicial review. The court had to determine whether it had jurisdiction to review the decision ordering the appellant's return to Queensland under the Administrative Decisions (Judicial Review) Act. The primary issue was whether the SEP Act's reference to a "law of a State" included a reference to section 57 of the Justices Act (Qld) as applied by the Judiciary Act. The court examined the purpose behind the enactment of the SEP Act and the legislative scheme whereby the Judiciary Act applies to Justices Act (Qld) in respect of offences against Commonwealth laws.

The court considered the elements of the crime of conspiracy and applied sub-paragraph 10(2)(b)(ii) of the Judicial Review Act to section 19 of the SEP Act. It examined whether section 9 of the Judicial Review Act deprived the State Supreme Court of jurisdiction under section 19 of the SEP Act in the given circumstances. The court also considered section 10 of the Judicial Review Act and the exercise of discretion thereunder, ultimately concluding that the appeal should be dismissed. The court found that the appellant had no grounds for judicial review of the decision to return him to Queensland for trial, and the appeal was dismissed with the appellant ordered to pay the first respondent's costs of the appeal.