Attorney-General (Cth) v Huynh [2023] HCA 13

Constitutional law — Judicial power — Federal jurisdiction — Where person convicted of offence against law of Commonwealth in state court — Where person sought order for inquiry into conviction — Where person sought to have matter referred to New South Wales Court of Criminal Appeal — Where application unsuccessful — Where person sought judicial review — Whether provisions of Crimes (Appeal and Review) Act 2001 (NSW) (CAR Act) applied by their own force to conviction by New South Wales court for offence under law of Commonwealth — Whether provisions of CAR Act picked up by s 68(1) of Judiciary Act 1903 (Cth) — (CTH) Criminal Code Act 1995 ss 11.5, 307.11 — (NSW) Crimes (Appeal and Review) Act 2001 ss 76, 77, 78, 79, 86 — (NSW) Criminal Appeal Act 1912 s 5.

Dr James Stellios appeared as amicus curiae.

Reasons for the decision can be found here.