Rogers, P. v Jacobsen, J. & Anor [1995] FCA 574

Federal Court of Australia

Document text

C A T C H W O R D S ADMINISTRATIVE LAW - search warrant - to State Department of Fisheries - requiring production of fishermens' returns - in connection with possible offences against Commonwealth law - whether public interest immunity applies - balancing exercise - interest in maintaining confidentiality of information provided in confidence pursuant to statute - competing public interest relating to investigation and possible prosecution of possible offences. Crimes Act 1914 (Cwth) s.10 Fisheries Act 1905 (WA) s.19 Conway v. Rimmer [1968] AC 910 PETER ROGERS v. JOHANNES JACOBSEN and TERRENCE LESTER DIBB No. WAG 28 of 1995 FRENCH J. PERTH 21 JULY 1995

IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) GENERAL DIVISION ) No. WAG 28 OF 1995 B E T W E N: PETER ROGERS Applicant and JOHANNES JACOBSEN and TERRENCE LESTER DIBB Respondents MINUTE OF ORDER JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 21 JULY 1995 WHERE MADE: PERTH THE COURT ORDERS THAT: 1. The remitted application is dismissed. 2. The application is to pay the respondents' costs of the remitted application. NOTE: Settlement and entry of Orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) GENERAL DIVISION ) No. WAG 28 OF 1995 B E T W E N: PETER ROGERS Applicant and JOHANNES JACOBSEN and TERRENCE LESTER DIBB Respondents CORAM: FRENCH J. PLACE: PERTH DATE:21 JULY 1995 REASONS FOR JUDGMENT Background On 4 December 1992 I dismissed a consolidated application by the Director of Fisheries for Western Australia. The application sought judicial review of the decision of a Stipendiary Magistrate to issue two search warrants under s.10 of the Crimes Act 1914 (Cwth). The warrants authories members of the Australian Federal Police to enter premises of the Fisheries Department of Western Australia and to seize specified categories of documents which might afford evidence of offences against Commonwealth law relating to the evasion of income tax in the rock lobster fishing industry. The two warrants, each of which related to different premises of the Fisheries Department, authorised the seizure of original or copies of: 1. Returns furnished pursuant to the Fisheries Act 1905 of Western Australia and relating to rock lobster (also known as crayfish).

Read full text →

Official source

We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.

Not checked yet

Last checked with source on —

Open official source

Checking whether the official page can be embedded…

Study brief

Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.

Unknown

No study brief is cached for this law yet. Sign up to generate a plain-English brief.

You've got 21 of 22 free Acts left this visit. Sign up anytime for Facts, Related, and study briefs too.

Document text

IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) GENERAL DIVISION ) No. WAG 28 OF 1995 B E T W E N: PETER ROGERS Applicant and JOHANNES JACOBSEN and TERRENCE LESTER DIBB Respondents MINUTE OF ORDER JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 21 JULY 1995 WHERE MADE: PERTH THE COURT ORDERS THAT: 1. The remitted application is dismissed. 2. The application is to pay the respondents' costs of the remitted application. NOTE: Settlement and entry of Orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) GENERAL DIVISION ) No. WAG 28 OF 1995 B E T W E N: PETER ROGERS Applicant and JOHANNES JACOBSEN and TERRENCE LESTER DIBB Respondents CORAM: FRENCH J. PLACE: PERTH DATE:21 JULY 1995 REASONS FOR JUDGMENT Background On 4 December 1992 I dismissed a consolidated application by the Director of Fisheries for Western Australia. The application sought judicial review of the decision of a Stipendiary Magistrate to issue two search warrants under s.10 of the Crimes Act 1914 (Cwth). The warrants authories members of the Australian Federal Police to enter premises of the Fisheries Department of Western Australia and to seize specified categories of documents which might afford evidence of offences against Commonwealth law relating to the evasion of income tax in the rock lobster fishing industry. The two warrants, each of which related to different premises of the Fisheries Department, authorised the seizure of original or copies of: 1. Returns furnished pursuant to the Fisheries Act 1905 of Western Australia and relating to rock lobster (also known as crayfish).

Read full text →