Federal Court of Australia · Study brief available on Summary
FEDERAL COURT OF AUSTRALIA
Campbell v Australian Crime Commission [2013] FCA 690 Citation: Campbell v Australian Crime Commission [2013] FCA 690
Parties: PETER CAMPBELL and HENRY EDWARD ALEXANDER SMART v AUSTRALIAN CRIME COMMISSION
File number: NSD 1330 of 2013
Judge: BUCHANAN J
Date of judgment: 10 July 2013
Catchwords: ADMINISTRATIVE LAW – judicial review – application for urgent interlocutory injunction to stay examination on summons by Australian Crime Commission – whether prima facie case established – whether balance of convenience favours the grant of injunction
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Australian Crime Commission Act 2002 (Cth)
Date of hearing: 10 July 2013
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 20
Solicitor for the Applicants: Mr D Miralis, Nyman Gibson Stewart
Solicitor for the Respondent: Mr A Markus, Australian Government Solicitor
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1330 of 2013
BETWEEN: PETER CAMPBELL
First Applicant
HENRY EDWARD ALEXANDER SMART
Second Applicant
AND: AUSTRALIAN CRIME COMMISSION
Respondent
JUDGE: BUCHANAN J DATE OF ORDER: 10 JULY 2013 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for interlocutory relief made orally on 10 July 2013 is dismissed. 2. The originating application filed on 10 July 2013 is transferred to the Federal Circuit Court of Australia. 3. The costs of the application for interlocutory relief be the respondent's costs in the cause. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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The Federal Court of Australia dismissed an application for an urgent interlocutory injunction to stay an examination by the Australian Crime Commission (ACC) of two foreign nationals who were summoned to give evidence in a special ACC operation/investigation.
The decision supports the ACC's power to summon witnesses and conduct examinations under s 28(1) of the Australian Crime Commission Act 2002, and highlights the importance of complying with the requirements of that section.
The decision does not provide a basis for challenging the ACC's decision to issue summonses or to conduct examinations, and suggests that the applicants' concerns about the lack of protections under the ACC Act were unfounded.
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