Well that was unexpected - Bui v DPP (Cth) [2012] HCA 1

The High Court is off to a confounding start to the year with its release of the decision today in Bui v DPP (Cth). This appeal concerned the application of the statutory provisions repealing double jeopardy as a sentencing consideration in appeals in relation to Commonwealth offences. In broad and imprecise terms, the general rule is that ss68, 70 79 and 80 of the Judiciary Act 1903 operate to pick up state procedural law for Commonwealth proceedings, to the extent that it is not inconsistent with any law of the Commonwealth. The provisions also pick up any State-based modifications of the common law.