Hare, J. v Gladwin, E.A. & Ors [1988] FCA 331

CATCHWORDS

Administrative law - judicial review - funding of political party for election campaigns - disclosure by party of donations - notice requiring secretary of company to produce documents showing receipts of money by company ~ company trustee of trust connected with political party - secretary of company also the agent of the party for the purposes of the Commonwealth Electoral Act 1918 - statement in notice that authorized officer giving it had reasonable grounds to believe that secretary capable of producing documents relating to a possible contravention of the Act or to a return furnished under the Act ~ whether authorized officer had reasonable grounds for belief - whether form of notice invalid for failure to state grounds of belief and/or the relevance of the documents' to any possible contravention of the Act or to a return --.whether requirement for production too widely expressed - whether secretary of company accorded natural justice or procedural ' fairness ~ whether secretary entitled to

rely on privilege against self-incrimination. Commonwealth Electoral Act 1918, ss. 4, 287, 303, 304, 315, 316

JOHN HARE v. E.A. GLADWIN and ORS.

No. N.T.G2 of 1988

Oy te Lx ' "Tt Coram: Sheppard J. We wr N- V2 6 yup. s t& Date : 4 July 1988 JUL "de =)

Place: Sydney \ 4

JUDGMENT No. SIS IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY No. N.T.G2 of 1988

GENERAL DIVISION

BETWEEN: JOHN HARE

Applicant AND:

E.A. GLADWIN JOHN STONER AUSTRALIAN ELECTORAL COMMISSION

Respondents

JUDGE MAKING ORDER: SHEPPARD J. DATE ORDER MADE 3 4 JULY 1988 WHERE ORDER MADE : SYDNEY

MINUTES OF ORDER

THE COURT ORDERS THAT:-—

1. The application be dismissed.

2. The applicant pay the respondents' costs thereof.

3. There be liberty to each party to apply on two days' notice as they may be advised for an order in relation to the