Adler v Gardiner [2002] FCA 1141

FEDERAL COURT OF AUSTRALIA Adler v Gardiner [2002] FCA 1141

CORPORATIONS – offences – search warrants obtained by Australian Securities & Investments Commission authorising members of Australian Federal Police to search premises – member of Australian Federal Police and officers of Australian Securities & Investments Commission searched premises and seized documents – whether ASIC officer was authorised by executing officer to "assist in executing the warrant" as a "constable assisting" within the terms of s 3C Crimes Act 1914 (Cth) – whether documents seized "afford evidence" as to the commission of an offence within the terms of s 3 Crimes Act 1914 (Cth) – whether executing officers properly ensured that documents seized fell within the terms of the warrant – whether decision to seize documents was an improper exercise of power – whether seized documents fell within the terms of the warrant Crimes Act 1914 (Cth) s 3C, 3E, 3F, 3F(1)(c) Corporations Law s 588G Williams v Keelty (2001) 111 FCR 175 referred to Puglisi v Australian Fisheries Management Authority (1997) 148 ALR 393 considered George v Rockett (1990) 170 CLR 104 applied Parker v Churchill (1985) 9 FCR 316 applied Ozzy Tyre & Tube Pty Ltd v Chief Executive Officer of Customs [2000] FCA 891 applied Harts Australia Ltd v Commissioner, Australian Federal Police [2002] FCA 245 applied Greiner v Independent Commission Against Corruption (1992) 28 NSWLR 125 applied Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Propend Finance Pty Ltd v Commissioner, Australian Federal Police (1994) 29 ATR 87 considered RODNEY STEPHEN ADLER & ADLER CORPORATION PTY LIMITED v PAUL GERARD GARDINER & ORS N 1014 OF 2001 HELY J 13 SEPTEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1014 OF 2001