Tieken v The Queen [1995] FCA 896

The Court is constituted pursuant to a direction that the Chief Justice gave under s. 25(3) of the Federal Court of Australia Act, 1976. Having considered the matter, the Court notes that on 30 June 1994 a Full Court constituted by Gallop, Beaumont and Ryan JJ drew attention to the terms of s. 30A of the Act, and to the question whether it would be open to a Director of Public Prosecutions or Attorney-General who had availed himself or herself of that provision then to withdraw.

The Court on that occasion did not decide the point, nor was the Court referred to the terms of Order 22, rule 2 of the Rules. We consider that Order 22, rule 2 should not be narrowly construed. We are of the view that it does, on its fair construction, apply in this situation, and that it is entirely appropriate that the Director of Public Prosecutions should be given leave to discontinue pursuant to that rule. He having indicated by counsel that that is what he would wish to do, the Court grants leave accordingly. I certify that this and the preceding page are a true copy of the Reasons for Judgment herein of the Court.