Dunn v The Australian Crime Commission [2009] FCAFC 16

FEDERAL COURT OF AUSTRALIA

Dunn v The Australian Crime Commission [2009] FCAFC 16 APPEAL – written request to Switzerland for assistance in a criminal matter under the Mutual Assistance in Criminal Matters Act 1987 (Cth) – whether subsequent correspondence between the Swiss Federal Office of Justice and the Criminal Division of the Commonwealth Attorney-General's Department constituted part of the request or alternatively a new request – whether the failure of the Commonwealth Attorney-General or his delegate to sign the subsequent correspondence render the original request or alternatively the new request invalid – s 10 of the Act – whether Request, however constituted, was invalid by reason that it contained material which was misleading and/or because it failed to contain material relevant to some of the allegations therein – whether primary judge applied a less onerous and incorrect test than required under s 14 of the Act.

Mutual Assistance in Criminal Matters Act 1987 (Cth) ss 10(1), 14, 219B, 40(1), 45 Treaty between Australia and Switzerland on Mutual Assistance in Criminal Matters done at Berne in Switzerland on 25 November 1991, Articles 6 and 7 Mutual Assistance in Criminal Matters (Switzerland) Regulations 1994 (Cth) Crimes Act 1914 (Cth) s 10 Customs Act 1901 (Cth) s 219B Telecommunications (Interception) Act 1979 (Cth)s 45 Carmody v MacKellar (1997) 148 ALR 210 referred to Flanagan v Commissioner of Australian Federal Police (1996) 60 FCR 149 referred to George v Rockett (1990) 170 CLR 104 referred to Karina Fisheries Pty Ltd v Mitson (1990) 26 FCR 473 discussed Kennedy v Australian Securities & Investment Commission (2005) 142 FCR 343 followed Lego Australia Pty Ltd v Parlaggio (1994) 52 FCR 542referred to Lloyd v Costigan [No 2] (1983) 76 FLR 279 referred to