Brewer, Richard James v Castles, Shane Francis & Ors [1984] FCA 58

CATCHWORDS

Administrative law - Validity of search warrant ~ Whether warrant should be quashed 1n whole or in part because purports,

on its face, to authorise seizure of documents which are the subject of

a claim for legal professional privilege.

RICHARD JAMES BREWER v. SHANE FRANCIS CASTLES, BRETT JACKSON,

PATRICK QUINN, CARLO GRASER AND JOHN CHARLES LEVETT

No. G58 of 1984

Beaumont, J. 28 March, 1984. Sydney.

Baker v. Campbell (1983) 57 A.L.J.R. 749

IN THE FEDERAL COURT OF AUSTRALIA )

NEW SOUTH WALES DISTRICT REGISTRY ) GENERAL DIVISION ) No. G58 of 1984

BETWEEN: RICHARD JAMES BREWER

Applicant

AND: SHANE FRANCIS CASTLES BRETT JACKSON PATRICK QUINN CARLO GRASER JOHN CHARLES LEVET?T

Respondents

ORDER

Judge making order: Beaumont, J.

Date order made: 28 March, 1984.

Where made: Sydney

THE COURT ORDERS THAT:

1. Order that the subject warrant be set aside to the extent that 1t purports to authorise the first respondent to seize "opinions of counsel" there specified.

2. Otherwise declare that the said warrant is valid.

3. Reserve costs.

ats

4. Aéjourn further hearing until 30 March, 1984 at

9.50 a.m. for further directions.

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY )

GENERAL DIVISION ) No. 658 of 1984

BETWEEN : RICHARD JAMES BREWER

Applicant

AND: SHANE FRANCIS CASTLES BRETT JACKSON

PATRICK QUINN CARLO GRASER

JOHN CHARLES LEVETT

Respondents

CORAM: Beaumont, d.

DATED: 28 March, 1984.

REASONS FOR JUDGMENT (No. 3)

In previous reasons for judgment dated 13 March, 1984, I rejected an argument put on behalf of the applicant that the subject warrant was too wide and therefore bad. The applicant now makes an alternative submission that the warrant should be quashed in whole or in part by reason of the fact that, on its face, the warrant purports to authorise the selzure of documents which are the subject of