XX v Australian Crime Commission [2014] FCA 177

FEDERAL COURT OF AUSTRALIA

XX v Australian Crime Commission [2014] FCA 177 Citation: XX v Australian Crime Commission [2014] FCA 177

Parties: XX v AUSTRALIAN CRIME COMMISSION and JEFFREY PHILLIP ANDERSON

File number: SAD 69 of 2014

Judge: BESANKO J

Date of judgment: 20 November 2014

Catchwords: PRACTICE AND PROCEDURE – joinder – application to join the Board of the Australian Crime Commission as a respondent – whether the Board is a juristic entity – whether relief is sought against the Board – whether there is any utility in joining the Board in light of an undertaking given by the Australian Crime Commission to implement any orders of the Court – Federal Court Rules 2011 (Cth) r 9.05. PRACTICE AND PROCEDURE – particulars – application for further and better particulars of defence – Federal Court Rules 2011 (Cth) r 16.45. Held: Application to join the Board refused. Application to join the members of the Board allowed. Application for particulars allowed in part.

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 6 Australian Crime Commission Act 2002 (Cth) ss 7B, 7C, 8, 9, 18, 59B Federal Court Rules 2011 (Cth) rr 9.05, 16.45 Judiciary Act 1903 (Cth) s 39B

Cases cited: AA and Others v Board of the Australian Crime Commission and Others (2009) 178 FCR 171 Ainsworth and Another v Criminal Justice Commission (1992) 175 CLR 564 The Chaff and Hay Acquisition Committee and Others v J. A. Hemphill and Sons Proprietary Limited (1947) 74 CLR 375 The Church of Scientology Inc. and Another v Woodward and Others (1982) 154 CLR 25 Elston v Commonwealth of Australia [2013] FCA 108 JJ v Board of the Australian Crime Commission and Others (2011) 197 FCR 138 P v Board of Australian Crime Commission and Others (2006) 151 FCR 114 Williams and Others v Hursey (1959) 103 CLR 30