Saunders, Brian v Commissioner Australian Federal Police [1998] FCA 673

FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW - search warrants - legal professional privilege - whether warrant invalid for failure to recognise and give effect to legal professional privilege - alleged ambiguity or slip in wording of warrant - resolvable upon careful reading - non-disclosure of material information - whether duty of general disclosure - nature of statutory function of issuing search warrant - exculpatory explanation - whether exculpatory explanation to be put before issuing officer. Crimes Act 1914 (Cth) s 3C, s 3E, s 3F s 10 Judiciary Act 1903 (Cth) s 39B

Baker v Campbell (1983) 153 CLR 52, discussed Rogers v Moore (1992) 39 FCR 201, discussed Arno v Forsyth (1986) 9 FCR 576, discussed Allitt v Sullivan (1988) VR 621, discussed Croft v Jumeau (1990) 22 FCR 276, cited Commissioner Australian Federal Police v Propend Finance Pty Ltd (1997) 141 ALR 545, cited Lego Australia Pty Ltd v Paraggio (1994) 52 FCR 542, applied Lord v Commissioner of the Australian Federal Police (1997) 74 FCR 61, cited BRIAN SAUNDERS v COMMISSIONER AUSTRALIAN FEDERAL POLICE WAG 59 OF 1997 FRENCH J PERTH 11 JUNE 1998

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 59 of 1997

BETWEEN: BRIAN SAUNDERS

Applicant

AND: COMMISSIONER AUSTRALIAN FEDERAL POLICE

Respondent

JUDGE: FRENCH J

DATE OF ORDER: 11 JUNE 1998

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application is dismissed save as to the question of the existence of legal professional privilege in respect of the documents seized. 2. The applicant is to pay the respondent's costs of the application. 3. The hearing of the application as to the existence of legal professional privilege be expedited. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.