Dunn v Australian Crime Commission [2008] FCA 424

FEDERAL COURT OF AUSTRALIA

Dunn v Australian Crime Commission [2008] FCA 424

ADMINISTRATIVE LAW – application for request for assistance in a criminal matter to be declared invalid, set aside or quashed – whether the request lawfully made – whether the request was made by the Attorney General (Cth) or the Attorney General's delegate – whether the maker of a request is under an obligation to disclose all material facts – whether alleged factual defects in the request rendered the request invalid - whether reasonable grounds to believe the preconditions for making the request were satisfied – whether inclusion of allegedly privileged material rendered the request invalid - whether the involvement of the Director of Public Prosecutionsrendered the request unlawful – whether the involvement of the Australian Crime Commission rendered the request unlawful – application dismissed

WORDS & PHRASES – "investigation relating to a criminal matter" – "reasonable grounds to believe"

Mutual Assistance in Criminal Matters Act 1987 (Cth) ss 3, 6, 7(2), 7(3)(a), 12(1), 14, 16(1) Mutual Assistance in Criminal Matters (Switzerland) Regulations 1994 Reg 4(1) Director of Public Prosecutions Act 1983 (Cth) ss 5, 6(1)(n), 6(2), 6(2)(b) Director of Public Prosecutions Regulations 1984 Regs 3(1)(f), 3(1)(g) Australian Crime Commission Act 2002 (Cth) ss 4, 7(1), 51, 59(7) 59(9), 59A

Oceanic Life Ltd v Chief Commissioner of Stamp Duties (NSW) (1999) 168 ALR 211 referred to George v Rockett (1990) 170 CLR 104 referred to Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 referred to Bollag v Attorney-General (Cth) (1997) 79 FCR 198 referred to Lego Australia Pty Ltd v Paraggio (1994) 52 FCR 542 referred to Puglisi v Australian Fisheries Management Authority (1997) 148 ALR 393 referred to Director of Public Prosecutions v Australian Broadcasting Corporation (1987) 7 NSWLR 588 referred to Health Insurance Commission v Freeman (1998) 88 FCR 544 referred to AA Pty Ltd v Australian Crime Commission [2005] FCA 1178 referred to Australian Crime Commission v AA Pty Ltd (2006) 149 FCR 540 referred to O'Reilly v Commissioners of the State Bank of Victoria (1982) 153 CLR 1 referred to