Federal Court of Australia
CATCHWORDS
Administrative law - remitter of actions from High Court to Federal Court - Federal Court jurisdiction to grant mandamus, prohibition and injunctions against an officer of the Commonwealth - validity of search warrants - validity of execution of search warrants - interlocutory relief.
Crimes Act 1914, s.10 Administrative Decisions (Judicial Review) Act 1977, s.9
Federal Court of Australia Act 1976, s.19{(1) Judiciary Act 1903, s.39B, s.44
Constitution, s.75(iii) and (v) Banking (Foreign Exchange) Regulations
BRIAN ROBERT COWARD and ORS. v. JAMES DOUGLAS ALLEN and ORS.
V. No's. G.284, 285, 286, 287 of 1983 and G.23 and 24 of 1984
Melbourne
Northrop J.
19 March 1984
Vv. No.
IN THE FEDERAL COURT OF AUSTRALIA ) ) Vv. No. VICTORIA DISTRICT REGISTRY ) Vv. No. ) V. No. ) Vv. No.
GENERAL DIVISION Vv. No.
BETWEEN :
BRIAN ROBERT COWARD and ORS.
? and
JAMES DOUGLAS ALLEN and ORS. CORAM: 'Northrop J. DATE: 19 March 1984 PLACE: Melbourne
REASONS FOR JUDGMENT
G.284 G.285 G.286 G.287 G.23 G.24
of of of of 198319831984
Applicants
Respondents
S1x separate but related proceedings are before the
Court. The parties consented to the six proceedings being
heard together, but in an attempt to avoid confusion, the six
proceedings were divided into two groups and one proceeding
from each group was taken as being typical of that group.
Evidence and submissions were made separately with respect to
each of those two proceedings but additional facts relative
to the first proceeding were discovered during the hearing of
the second of the two proceedings. Those additional facts were relevant to both proceedings. This tended to cause confusion. In these reasons all the six proceedings will be
considered together.
On Tuesday, 25 October 1983, Federal Police officers conducted raids at three separate places in Melbourne, namely the sixth floor of the building known as 434 St. Kilda Road, Melbourne occupied by Commercial Bureau (Australia) Pty. Ltd., ("Commercial Bureau"), the land and dwelling known as 13 Ashdown Way, Wheelers Hill, a suburb of Melbourne, occupied by Brian Robert Coward, ("Coward"), the then Secretary of the Commercial Bureau, and the land and dwelling known as 34 Herbert Street, Mornington, an outer suburb of Melbourne, occupied by William Albert Herman,
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