Optical Prescription Spectacle Makers Pty Ltd v. Withers, A.A. & Anor [1987] FCA 101

* ' a oye ce .

Judgement No./O/7 seven ened

CATCHWORODS

ADMINISTRATIVE LAW - search warrants - information not supporting warrants - warrants not stating exact object of search - obligations of referring optometrist under Health Insurance Regulations - vagueness of information - warrants void.

Crimes Act 1914, s.10 Health Insurance Act and Regulations ss.128A, 128H, reg.10

Optical Prescription Spectacle Makers Pty. Ltd. v. Alan Andrew Withers & Anor. Qld G21 of 1987

PINCUS J. BRISBANE 13 MARCH 1987

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G21 of 1987

GENERAL DIVISION )

BETWEEN: OPTICAL PRESCRIPTION SPECTACLE MAKERS PTY. LTD.

Applicant AND: ALAN ANDREW WITHERS

First Respondent

AND: PATRICK DAVID LAW

Second Respondent

AND: CARMEL SULLIVAN

Third Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 13 MARCH 1987 WHERE MADE: BRISBANE THE COURT: 1. Orders that the documents and other things seized

under the warrants in issue in this application be returned forthwith.

2. Declares that the warrants the subject of these proceedings are void.

3. Orders that the first and second respondents pay the applicant's costs of and incidental to the proceedings to be taxed.

NOTE:

Notes the undertaking by the applicant "not to destroy or dispose of any of the documents or things taken by virtue of the warrants the subject of this application pending any appeal, and if an appeal is instituted and is successful, to return the said documents forthwith".

Settlement and entry of orders 15 dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G21 of 1987 GENERAL DIVISION )

BETWEEN: OPTICAL PRESCRIPTION SPECTACLE MAKERS PTY. LTD.

Applicant

AND: ALAN ANDREW WITHERS

First Respondent

AND: PATRICK DAVID LAW

Second Respondent