Lam v The Commissioner, Australian Federal Police & Ors [1995] FCA 738

CATCHWORDS ADMINISTRATIVE LAW - legal professional privilege - documents seized under search warrant - whether legal professional privilege attached to documents - no point of principle. Crimes Act 1914 s 3E Judiciary Act 1903 s 39B S.B. McNicol, "Law of Privilege" (1992) Baker v. Campbell (1983) 153 C.L.R. 52 Attorney-General v. Maurice (1986) 161 C.L.R. 475 Carter v. Managing Partner, Northmore Hale Davey & Leake (1995) 129 A.L.R. 593 Grant v. Downes (1976) 135 C.L.R. 674 FRANK HUNG CHI LAM V. THE COMMISSIONER, AUSTRALIAN FEDERAL POLICE AND ROBERT WARREN CRAVEN AND GREGORY JOHN LYE AND THE FEDERAL COMMISSIONER OF TAXATION DG 13 of 1995 LEE J. DARWIN 14 JULY 1995

LIMITED DISTRIBUTION IN THE FEDERAL COURT) OF AUSTRALIA ) NORTHERN TERRITORY ) DISTRICT REGISTRY ) GENERAL DIVISION ) NO. DG 13 of 1995 B E T W E E N: FRANK HUNG CHI LAM Applicant and THE COMMISSIONER AUSTRALIAN FEDERAL POLICE First Respondent and ROBERT WARREN CRAVEN Second Respondent and GREGORY JOHN LYE Third Respondent and THE FEDERAL COMMISSIONER OF TAXATION Fourth Respondent MINUTE OF ORDER JUDGE MAKING ORDER: LEE J. DATE OF ORDER: 14 JULY 1995 WHERE MADE: DARWIN THE COURT ORDERS AND DECLARES THAT:

1. Legal professional privilege is attached to those documents so identified by the Court in the documents described as the "A" and "B" documents. The applicant has liberty to uplift those documents. 2. The balance of the documents held in Court other than the document described as "HD Compact Disk 3.5" in the "B" documents to be released to the seizing party (first respondent). 3. As to the document "HD Compact Disk 3.5" in the "B" documents, the applicant is to file any amended application in respect thereof and any supporting affidavit by 21 July 1995 otherwise that document is to be released to the seizing party. 4. The order of von Doussa J. made 23 May 1995 is varied by discharging the injunction in item 2 thereof save for the document described as "HD Compact Disk 3.5" in the "B" documents. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.