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Republic of Turkey v Mackie P/L (ACN 097 603 846); Attorney-General of the Commonwealth & Attorney-General for the State of Victoria [2021] VSCA 77

CONSTITUTIONAL LAW
Victorian Court of Appeal
Judge(s): 
Tate, Beach and McLeish JJA
Parties: 

Republic of Turkey v Mackie P/L (ACN 097 603 846); Attorney-General of the Commonwealth & Attorney-General for the State of Victoria

Judgment Date: 
30 March 2021
Catchwords: 

CONSTITUTIONAL LAW - Judicial power - Dispute involving contract for construction of official residence for Turkish Consul General - Whether Victorian Civil and Administrative Tribunal had jurisdiction to hear and determine dispute - Whether matter one 'affecting consuls or other representatives of other countries' under s 75(ii) of the Commonwealth Constitution - Meaning of 'matters affecting consuls' - Whether residence 'consular premises' - Burns v Corbett (2018) 265 CLR 304, Meringnage v Interstate Enterprises Pty Ltd (2020) 60 VR 361, applied; R v Donyadideh (1993) 114 FLR 43, considered - Commonwealth Constitution s 75 - Vienna Convention on Consular Relations arts 1(j), 5, 31, 32, 43.

Citation: