Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Crane v Gething [2000] FCA 45
CONSTITUTIONAL LAW – parliamentary privilege – seizure of Parliamentary and Electorate office documents – power of court to determine extent and existence of parliamentary privilege.
ADMINISTRATIVE LAW – judicial review – issue and execution of search warrants – warrants relating to alleged imposition in connection with reimbursement and payment for use of charter air services by Senator – claim for declaration that applicant entitled to benefits – declaratory judgment – criminal conduct.
CRIMINAL LAW –search warrants – judicial review – declaratory judgments – relating to criminal conduct – reluctance of courts to grant such relief.
Crimes Act 1914 (Cth) s 3E, s 79B
Parliamentary Privileges Act 1987 s 5, s 16
York Corporation v Pilkington (1794) 2 Atk 302 cited
Thames Launches Ltd v Trinity House Corporation (Deptford Strond) [1961] 1 Ch 197 cited
Sankey v Whitlam (1978) 142 CLR 1 followed
Imperial Tobacco Ltd v Attorney-General [1981] AC 718 followed
Commissioner for Corporate Affairs v Sansom [1981] WAR 32 discussed
Commonwealth v Sterling Nicholas Duty Free Pty Limited (1972) 126 CLR 297 discussed
Royal College of Nursing of the United Kingdom v Department of Health and Social Security [1981] AC 800 discussed
Airedale NHS Trust v Bland [1993] AC 789 discussed
Inglis v Moore (1979) 24 ALR 411 cited
Gouriet v Union of Post Office Workers [1978] AC 435 cited
Attorney-General v Able [1984] QB 795 cited
Attorney-General (NSW) v Australian Fixed Trusts Ltd [1974] 1 NSWLR 110 cited
Corporate Affairs Commission v MG Securities (Australasia) Limited (1975) 1 ACLR 157 cited
Biggs v DPP (1997) 17 WAR 534 discussed
Kunakool v Boys (1987) 14 FCR 489 cited
Flanagan v Commissioner of Australian Federal Police (1995) 60 FCR 149 cited
R v Richards; Ex parte Fitzpatrick and Browne (1955) 92 CLR 157
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