Commonwealth of Australia & Anor v Lyon [2003] FCA 995

FEDERAL COURT OF AUSTRALIA

Commonwealth of Australia & Anor v Lyon [2003] FCA 995 PRACTICE & PROCEDURE – jurisdiction – orders sought restraining Magistrate from permitting cross-examination of witness – whether the Federal Court has jurisdiction to make such order in proceedings under State Law

Witness Protection Act 1994 (Cth), s 28 Judiciary Act 1904 (Cth), s 39B(1A)(a) Australian Securities and Investments Commission v Edensor Nominees Pty Ltd (2001) 204 CLR 559 referred to Young v Quin (1985) 4 FCR 483 cited COMMONWEALTH OF AUSTRALIA & COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE v PAUL LYON N 1447 of 2003 MOORE J 19 SEPTEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1447 OF 2003

BETWEEN: COMMONWEALTH OF AUSTRALIA

FIRST APPLICANT

COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE

SECOND APPLICANT

AND: PAUL LYON

RESPONDENT JUDGE: MOORE J

DATE OF ORDER: 19 SEPTEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Until further order Magistrate Lyon be restrained from requiring or permitting Audrey Ann Fagan to be cross-examined on her affidavit and confidential affidavit both sworn on 18 September 2003 and filed in the proceedings R v Barbaro & Ors in the Local Court. 2. Until further order Magistrate Lyon be restrained from lifting the suppression order granted by him in the proceedings R v Barbaro & Ors on 17 September 2003 and extended on 18 September 2003 until 19 September 2003. 3. Service of these orders can be effected by facsimile transmission to the Registry of the Central Local Court on (02) 9264 3806 or such other number as is necessary to communicate this order to the respondent by facsimile. 4. The applicants file an application in these proceedings by 12.00 noon on 19 September 2003 and service of that application be abridged to 4.00 pm on 19 September 2003. 5. The application be returnable before the Court at 10.15 on Tuesday 23 September 2003. 6. Liberty to apply.