Saunders, Dr Brian v Commissioner, Australian Federal Police [1997] FCA 1364

FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE - discovery - challenge to validity of search warrant - specific discovery of information backing warrant - allegations of non-disclosure of material facts - public interest immunity claim and claim for non-disclosure under s 16 of Income Tax Assessment Act - admission of omission of pleaded material - admission sufficient to put relevant facts properly before the court - no legitimate forensic purpose served by production of information.

Judiciary Act 1903 s 39B Income Tax Assessment Act 1937 Karina Fisheries Pty Ltd v Mitson (1990) 26 FCR 473 Propend Finance Pty Ltd v Commissioner, Australian Federal Police 1994 ATC 4399 Arno v Forsyth (1986) 9 FCR 576 considered Beneficial Finance Corporation Ltd v Commissioner of Australian Federal Police (1991) 103 ALR 167 considered Croft v Jumeau (1990) 22 FCR 276 R v Saleam (1989) 16 NSWLR 14 Attorney-General (NSW) v Stuart (1994) 34 NSWLR 667 Alister v R (1984) 154 CLR 404 DR BRIAN SAUNDERS v COMMISSIONER, AUSTRALIAN FEDERAL POLICE WAG 59 OF 1997 FRENCH J PERTH 20 NOVEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 59 of 1997

BETWEEN: DR BRIAN SAUNDERS

Applicant

AND: COMMISSIONER AUSTRALIAN FEDERAL POLICE

Respondent

JUDGE: FRENCH J

DATE OF ORDER: 20 NOVEMBER 1997

WHERE MADE: PERTH

THE COURT ORDERS THAT: On the Applicant's motion filed 8 September 1997 for specific discovery: 1. The motion is dismissed. 2. Costs of the motion will be reserved. 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 WAG 59 of 1997

BETWEEN: DR BRIAN SAUNDERS

Applicant

AND: COMMISSIONER AUSTRALIAN FEDERAL POLICE