Seven West Media Limited v Commissioner, Australian Federal Police [2014] FCA 263

FEDERAL COURT OF AUSTRALIA

Seven West Media Limited v Commissioner, Australian Federal Police [2014] FCA 263 Citation: Seven West Media Limited v Commissioner, Australian Federal Police [2014] FCA 263

Parties: SEVEN WEST MEDIA LIMITED, ADDISONS, JUSTINE MUNSIE, PACIFIC MAGAZINES PTY LIMITED ACN 097 410 896, MERCEDES PEARL ESMA CORBY and VASILIOS KALANTZIS v COMMISSIONER, AUSTRALIAN FEDERAL POLICE, HIS HONOUR MAGISTRATE GRAEME CURRAN and HIS HONOUR MAGISTRATE CHRISTOPHER O'BRIEN

File number: NSD 201 of 2014; NSD 207 of 2014

Judge: JAGOT J

Date of judgment: 26 March 2014

Catchwords: ADMINISTRATIVE LAW – warrants – Proceeds of Crime Act 2002 (Cth) ss 225, 246 – Administrative Decisions (Judicial Review) Act 1997 (Cth) s 5 – Wednesbury unreasonableness – decision so unreasonable no reasonable person could make – failure to consider statutory question – decision based on innocent but material misrepresentation – decision based on non-existent fact – decision based on irrelevant consideration or failure to take account of relevant consideration – search warrants and s 246 orders issued by magistrates in respect of "literary proceeds" – applicants wrongly listed as "suspects" on warrant – addressees wrongly described in s 246 orders as "reasonably suspected" of committing offence – no evidence applicants ever suspected of any offence – productions order previously issued under Proceeds of Crime Act 2002 (Cth) s 202 – decision maker materially misled as to extent of compliance with s 202 order – whether innocent but material misrepresentation basis for quashing warrants and orders

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Criminal Code Act 1899 (Qld) Federal Court of Australia Act 1977 (Cth) Federal Court Rules 2011 (Cth) Judiciary Act 1903 (Cth) Proceeds of Crime Act 2002 (Cth)