Grollo, B. & Ors v Macauley, P. & Ors [1995] FCA 228

IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No. VG 438 of 1993 GENERAL DIVISION ) BETWEEN: BRUNO GROLLO AND OTHERS (According to the Attached Schedule) Appellants AND: PETER MACAULEY (COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE) AND OTHERS (According to the Attached Schedule) Respondents

COURT: Black CJ, Northrop and Ryan JJ DATE: 5 April 1995 PLACE: Melbourne MINUTES OF ORDER

The Court orders that: 1. The appeal be dismissed. 2. The appellants pay the respondents' costs of the appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

CATCHWORDS

CRIMINAL LAW - search warrants - whether material before magistrate justified issue of warrants - whether interference with the course of justice in respect of pending civil proceedings - duty of magistrate where risk of interference with course of justice - width of discretion conferred by search warrant - scope of activities authorised by search warrant - Crimes Act 1914, s.10(1) - Administrative Decisions (Judicial Review) Act 1977.

Crimes Act 1914 (Cth) s.10(1) Dunesky and Bay Wool Pty Limited v Elder (1994) 126 ALR 522 Victoria v Australian Building Construction Employees' and Builders Labourers' Federation (1982) 152 CLR 25 George v Rockett (1990) 170 CLR 104 Bartlett v Weir and Others (unreported, Federal Court, Northrop J, 17 February 1993) Beneficial Finance Corporation v Commissioner of Australian Federal Police (1991) 31 FCR 523 Brambles Holdings Ltd v Trade Practices Commission (No. 2) (1980) 32 ALR 328 Finance Facilities Pty Ltd v Federal Commissioner of Taxation (1971) 127 CLR 106 Propend Finance Pty. Limited v The Commissioner, Australian Federal Police (unreported, Federal Court Full Court, 24 March 1995)