Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
practice & procedure - discovery - application to set aside a subpoena - subpoena issued at request of appellant - subpoena sought production of affidavits sworn in support of warrant applications - such affidavits included "designated warrant information" within the meaning of the Telecommunications (Interception) Act 1979 (Cth) - whether appellant has a legitimate forensic purpose justifying the subpoena.
TELECOMMUNICATIONS (INTERCEPTION) ACT 1979 (Cth): circumstances in which a person may communicate or use "designated warrant information" - whether Act prohibits the appellant from making use of the designated warrant information in judicial review proceedings - purpose of Act to assist law enforcement.
Administrative Decisions (Judicial Review) Act 1977 (Cth) Customs Act 1901 (Cth), ss 219B, 219F Telecommunications (Interception) Act 1979 (Cth), ss 5, 63, 67, 74, 77. Telecommunications (Interception) Amendment Act 1995 (Cth) Commissioner for Railways v Small (1938) 38 SR (NSW) 564, cited Kizon vPalmer (1997) 142 ALR 488, applied The Honourable James Wood, Royal Commissioner v Beves (unreported, Court of Appeal of NSW, 14 March 1997), considered Ousley v The Queen (1997) 148 ALR 510, considered Carmody v Mackellar (1996) 68 FCR 265, cited tnt Australia Pty Ltd v Fels & Anor (1992) ATPR 41-190, cited Re Federal Commissioner of Taxation; Ex parte Swiss Aluminium Australia Ltd (1987) 72 ALR 247, cited Nestle Australia Ltd v Commissioner of Taxation (1986) 10 FCR 78, cited Propend Finance Pty Ltd v Commissioner of Australian Federal Police (1994) ATC 4054, cited john kizon v palmer & ors vg 403 of 1997 NORTHROP, FRENCH & BRANSON JJ MELBOURNE 1 APRIL 1998
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 403 of 1997
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA CONSTITUTED BY A SINGLE JUDGE BETWEEN: JOHN KIZON APPELLANT AND: PALMER & ORS RESPONDENTS
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