Flanagan v Commissioner of the Australian Federal Police [1995] FCA 1206

dam ted ett tun > JUDGMENT Wo.!225 9 |F9S

IN_THE FEDERAL COURT ) VICTORIAN DISTRICT REGISTRY ) No VG 612 of 1995

GENERAL DIVISTON )

BETWEEN: JOHN FLANAGAN and ANGELA DIANNE _F- GAN

Applicants

AND: MMISSTONER F THE

AUSTRALIAN FEDERAL POLICE First Respondent

DIRECTOR F PUBLI PROSECUTIONS

Second Respondent

COMMONWEALTH OF AUSTRALTA

Third Respondent

No VG 613 of 1995

BETWEEN: ROBERT CHARLES HOWARD Applicant AND: COMMISSTONER F THE

AUSTRALIAN FEDERAL POLICE

First Respondent

DIRECTOR OF PUBLIC PR 'IONS

Second Respondent COMMONWEALTH OF AUSTRALIA

Third Respondent

No VG 747 of 1995

BETWEEN: BRUNO _GROLLO Applicant AND: COMMISSIONER OF THE

TRALIAN FEDERAL POLICE

First Respondent

DIRECTOR OF PUBLIC PROSECUTIONS

Second Respondent

COMMONWEALTH OF AUSTRALIA Third Respondent

CORAM: BEAUMONT, RYAN AND LINDGREN JJ PLACE: MELBOURNE DATE: 28 NOVEMBER 1995

REASONS FOR JUDGMENT (No. 1) (Qn_ applicants' application for leave to

amend their pleadings) THE COURT:

Application by the applicants for leave to amend their

pleadings to include applications for judicial review under

the Administrative Decisions (Judicial Review) Act 1977 of the

decisions made on 11 August 1993 by Ms. S. Brown CM to issue Search warrants

The applicants apply further to amend their amended applications and statements of claim to conform with the documents marked "MFI-5 and 6" so as to include applications for review under the Administrative Decisions (Judicial Review) Act 1977 ('ADJR Act') of the decisions made on about 11 August 1993 by Ms S Brown CM pursuant to s.10 of the Crimes Act 1914 to issue three search warrants authorizing members of the AFP to enter and search for documents and things in premises at 10-30 Chifley Drive, Preston, 313 Gillies Street, Thornbury and 321 Gillies Street, Thornbury ('the search

warrants')."

In essence, the grant of leave is justified, the