Von Arnim v The Health Insurance Commission [2004] FCAFC 33

FEDERAL COURT OF AUSTRALIA

Von Arnim v The Health Insurance Commission [2004] FCAFC 33

SEARCH AND SEIZURE – whether warrant sufficiently stated purpose for which the warrant was issued – whether warrant sufficiently stated kind of evidential material to be seized – whether warrant sufficiently stated date that warrant 'ceases to have effect' – severance of ineffective parts Health Insurance Commission Act 1973 (Cth) ss 8AA & 8Y Health Insurance Commission Regulations (Cth) Reg 3

Beneficial Finance Corporation v Commissioner of Australian Federal Police (1991) 31 FCR 523 applied Chong v Schultz (2000) 112 A Crim R 59 referred to Freeman v Health Insurance Commission [2000] FCA 54 referred to George v Rockett (1990) 170 CLR 104 applied Hart v Commissioner of Australian Federal Police (2002) 124 FCR 384 referred to Malubel Pty Ltd v Elder (No 2) (1998) 73 ALJR 269 referred to Parker v Churchill (1985) 9 FCR 316 referred to Williams v Keelty (2000) 111 FCR 175 applied DR ULRICH CHRISTOPH EBERHARD FREIHERR VON ARNIM v THE HEALTH INSURANCE COMMISSION, ROBERT MILICI AND ANNE JEANETTE MAUGHAN V961 of 2003 WEINBERG, DOWSETT & JACOBSON JJ 26 FEBRUARY 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No V 961 of 2003

On appeal from a single judge of the Federal Court of Australia

BETWEEN: DR ULRICH CHRISTOPH EBERHARD FREIHERR VON ARNIM

APPELLANT

AND: THE HEALTH INSURANCE COMMISSION

FIRST RESPONDENT

ROBERT MILICI

SECOND RESPONDENT

ANNE JEANETTE MAUGHAN

THIRD RESPONDENT

JUDGES: WEINBERG, DOWSETT & JACOBSON JJ

DATE OF ORDER: 26 FEBRUARY 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the first and second respondents' costs in the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.