Federal Court of Australia
a JUDGMENT No. snncdedasced ia
CATCHWORDS
CRIMINAL LAW - search warrants - warrant for search and seizure of documents etc. of private investigator retained by solicitor for person charged in relation to bomb explosion in premises of National Crime Authority - whether warrant
complies with s.22 of National Crime Authority Act 1984 (Cth).
PRACTICE AND PROCEDURE - legal professional privilege - waiver - tape recordings of conversations between private investigator retained by solicitor for person charged with certain offences and third party later transcribed - whether legal professional privilege waived from events at meeting between investigator and police - whether waived through use of transcript at committal proceedings - whether transcripts
obtained in breach of Telecommunications (Interception) Act 1979 (Cth) - whether breach precluded privilege.
PRACTICE AND PROCEDURE - legal professional privilege - witness statements - whether legal professional privilege exists in relation to witness statements - whether waived by provision of copy of statement to witness.
National crimes Aut hority Act 1984 (Cth): ss.13, 14, 22, 22(5), 25,
Telecommunications (Interception) Act 1979 (Cth): 5.7.
"relevant criminal activity"
George v Rockett (1990) 170 CLR 104; applied.
Parker v Churchill (1985) 9 FCR 316; discussed. Attorney-General v Maurice (1986) 161 CLR 475; applied.
R v Bell: Ex parte Lees (1980) 146 CLR 141; discussed.
J-Corp Ltd v Australian Builders Labourers Federated Union of
Workers (Western Australian Branch) (No 1) (1992) 38 FCR 452; discussed.
Dingle v onwealth Development Bank st ia; discussed.
Complete Technology Pty Ltd v Toshiba (Australia t (Hill J, 7 September 1994, unreported); discussed.
NE_and DOMEN P. v NATIONAL CRIME AUTHORITY & ORS
No SG77 of 1994
RECEIVED
HILL J
SYDNEY (Heard in Adelaide) 1- NOV 1994
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