Egglishaw v Australian Crime Commission [2006] FCA 819

FEDERAL COURT OF AUSTRALIA

Egglishaw v Australian Crime Commission [2006] FCA 819 ADMINISTRATIVE LAW – judicial review pursuant to Judiciary Act 1903 (Cth) s 39B – search warrant executed by respondent, notice to produce issued by respondent and conduct engaged in by respondent pursuant to both impugned as unlawful – burden of proof – extent to which burden lies on respondent – how respondent discharges burden Held: respondent discharges burden by producing warrant and notice and showing conduct did not exceed authority conferred by warrant and notice, burden of making out grounds on which warrant, notice and conduct impugned lies on applicant STATUTES – Crimes Act 1914 (Cth) ss 3F, 3K and 3L – how provisions relate – whether applicability of one means others cannot be relied on Held: subject to express limitations, ss 3F, 3K and 3L provide person executing warrant with variety of options, availability of one not precluding choice of another Crimes Act 1914 (Cth) ss 3F, 3K and 3L Judiciary Act 1903 (Cth) s 39B Australian Crime Commission Act 2002 (Cth) s 29 A2 v Australian Crime Commission [2006] FCA 106 approved Cooper v Commissioner of Taxation (2004) 139 FCR 205 followed Minister for Immigration and Multicultural and Indigenous Affairs v SZANS (2005) 141 FCR 586 followed Ryder v Morley (1987) 16 FCR 257 followed Williams v Keelty (2001) 111 FCR 175 followed Kennedy v Baker (2004) 135 FCR 520 approved X v Australian Crime Commission (2004) 139 FCR 413 cited Chairman, National Crime Authority v Flack (1998) 156 ALR 501 considered Puglisi v Australian Fisheries Management Authority (1997) 148 ALR 393 discussed Bridges v Hawkesworth (1851) 21 LJQB 75 cited South Staffordshire Water Company v Sharman [1896] 2 QB 44 cited Parker v British Airways Board [1982] 1 QB 1004 cited Jones v Dunkel (1959) 101 CLR 298 not followed Johnson v Williams (2000) 58 ALD 1 followed Malone v Metropolitan Police Commissioner [1980] QB 49 cited Parker v Churchill (1985) 9 FCR 316 cited Explanatory Memorandum, Cybercrime Bill 2001 (Cth) PHILIP EGGLISHAW v AUSTRALIAN CRIME COMMISSION and ELIZABETH LAMBDEN VID 1649 OF 2005 SUNDBERG J 30 JUNE 2006 MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA