Price v Elder [2000] FCA 133

FEDERAL COURT OF AUSTRALIA

Price v Elder [2000] FCA 133 ADMINISTRATIVE LAW – search warrants issued by officer of the Local Court of New South Wales - review of decision to issue warrants under Administrative Decisions (Judicial Review) Act 1977 (Cth) – whether failure to take into account relevant considerations - whether issuing officer under duty to make inquiries - whether applicant for warrant under duty to disclose information that a "reasonable applicant" would disclose CRIMINAL LAW -application for relief pursuant to s 39B of the Judiciary Act 1903 (Cth) - whether failure to comply with s 3E(4) of the Crimes Act 1914 (Cth) – purpose of s 3E - whether prior application for a warrant – whether application for warrant in absence of request to issue warrant WORDS & PHRASES – "in the information" - "applied for a warrant" – "information on oath" Administrative Decisions (Judicial Review) Act 1977 (Cth) Crimes Act 1914 (Cth), ss 3E, 3R, 29D Crimes (Search Warrants & Powers of Arrest) Amendment Act 1994 (Cth) Judiciary Act 1903 (Cth), s 39B Sales Tax Assessment Act 1992 (Cth) Lego Australia Pty Ltd v Paraggio (1994) 52 FCR 542 followed Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24 followed Puglisi v Australian Fisheries Management Authority (1997) 148 ALR 393 referred to Saunders v Commissioner of the Australian Federal Police (1998) 52 ALD 484 followed JOHN JAMES PRICE v WENDY ELDER, DOUGLAS SEYMOUR, ISABEL JIRASEK, CHRISTIAN PHELAN, MARK KNOTH, DANNY STRAFORD, ADRIAN WEBSTER, CHRISTOPHER BUTTNER, ALLAN WILLIAMS, MICHAEL BANACH & KELVIN CAM N 1178 OF 1999 & N 1180 OF 1999 BLACK CJ, SACKVILLE & EMMETT JJ 18 FEBRUARY 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA N 1178 OF 1999

NEW SOUTH WALES DISTRICT REGISTRY

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA