Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nudd v Australian Federal Police [2007] FCA 2114
ADMINISTRATIVE LAW – search warrants – application for judicial review under Administrative Decisions (Judicial Review) Act 1977 (Cth) of a decision to obtain a search warrant – application of s 9A Administrative Decisions (Judicial Review) Act – where s 9A Administrative Decisions (Judicial Review) Act excludes review of this decision from the jurisdiction of the Federal Court due to the pending appeal and nature of the proceeding before another court. Customs Act 1901 (Cth), s 233B Administrative Decisions (Judicial Review) Act 1977 (Cth), s 9A Judiciary Act 1903 (Cth), s 39B Justices Act 1886 (Qld), s 57 Nudd v R (2006) 225 ALR 161 cited KEVIN PHILIP NUDD v AUSTRALIAN FEDERAL POLICE AND COMMONWEALTH OF AUSTRALIA QUD374 OF 2007
LOGAN J
21 DECEMBER 2007
BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD374 OF 2007
BETWEEN: KEVIN PHILIP NUDD
Applicant
AND: AUSTRALIAN FEDERAL POLICE
First Respondent
COMMONWEALTH OF AUSTRALIA
Second Respondent
ATTORNEY GENERAL FOR THE COMMONWEALTH OF AUSTRALIA
Third Respondent
JUDGE: LOGAN J
DATE OF ORDER: 21 DECEMBER 2007
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The application is dismissed. 2. The costs of, and incidental to today's application, together with the costs of, and incidental to the substantive application, be taxed and paid by the Applicant. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD374 OF 2007
BETWEEN: KEVIN PHILIP NUDD
Applicant
AND: AUSTRALIAN FEDERAL POLICE
First Respondent
COMMONWEALTH OF AUSTRALIA
Second Respondent
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