Australian Crime Commission v Stewart [2012] FCA 29

FEDERAL COURT OF AUSTRALIA

Australian Crime Commission v Stewart [2012] FCA 29 Citation: Australian Crime Commission v Stewart [2012] FCA 29

Parties: AUSTRALIAN CRIME COMMISSION v ANTHONY STEWART, JOHN CORNELL, PAUL HOGAN and RIMFIRE FILMS PTY LTD

File number: NSD 23 of 2010

Judge: STONE J

Date of judgment: 30 January 2012

Catchwords: EVIDENCE – legal professional privilege – privilege claimed over documents obtained pursuant to search warrants and summons under the Australian Crime Commission Act 2002 (Cth) and Crimes Act 1914 (Cth) – whether Australian Crime Commission (ACC) entitled to inspect EVIDENCE – whether documents subject to legal professional privilege – applicable principles – Evidence Act 1995 (Cth) not relevant – no issue of admissibility of evidence - issue to be determined under common law – legal professional privilege a fundamental common law immunity – whether reference to common law is to common law of Australia PRIVATE INTERNATIONAL LAW – choice of law – whether right to inspect documents seized under Australian statute gives rise to choice of law question – question of statutory interpretation – no choice of law question – issue governed by Australian principles of legal professional privilege PRIVATE INTERNATIONAL LAW – if choice of law question arises whether Australian choice of law principles apply

Legislation: Australian Crime Commission Act 2002 (Cth) Crimes Act 1914 (Cth) Evidence Act 1995 (Cth) ss 118-122 Trade Practices Act 1974 (Cth) s 155 Trade Practices Legislation Amendment Act (No 1) 2006 (Cth)