Construction, Forestry, Mining and Energy Union v Commissioner of the Australian Federal Police (No 2) [2016] FCA 833

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining and Energy Union v Commissioner of the Australian Federal Police (No 2) [2016] FCA 833 File number: QUD 1063 of 2015

Judge: REEVES J

Date of judgment: 22 July 2016

Catchwords: POLICE – search and seizure – issue and execution of search warrant under Part IAA of the Crimes Act 1914 (Cth) – whether there were reasonable grounds for the respondents to copy and seize electronic material – consideration of the principles in respect to ss 3L(1), (1A) and (2) of the Crimes Act 1914 (Cth) PRIVILEGE – legal professional privilege –whether the respondents acted unreasonably by failing to afford the applicant an opportunity to claim legal professional privilege on electronic material – consideration of the principles on legal professional privilege in respect to search warrants

Legislation: Administrative Decisions (Judicial Review) Act 1975 (Cth) Crimes Act 1914 (Cth) Federal Court of Australia Act 1976 (Cth) Income Tax Assessment Act 1936 (Cth) Judiciary Act 1903 (Cth) Royal Commission Act 1902 (Cth)

Cases cited: Adler v Gardiner (2002) 43 ACSR 24; [2002] FCA 1141 Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Construction, Forestry, Mining & Energy Union (Queensland and Northern Territory Branch) v Australian Federal Police [2015] FCA 1355 Different Solutions Pty Ltd v Commissioner, Australian Federal Police (No 2) (2008) 190 A Crim R 265; [2008] FCA 1686 George v Rockett (1990) 170 CLR 104 Hart v Commissioner of Australian Federal Police (2002) 124 FCR 384; [2002] FCAFC 392 JMA Accounting Pty Ltd v Commissioner of Taxation (2004) 139 FCR 537; [2004] FCAFC 274 Kennedy v Baker (2004) 135 FCR 520; [2004] FCA 562 Oke v Commissioner of the Australian Federal Police (2007) 168 A Crim R 503; [2007] FCA 27 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Question of Law Reserved (No 1 of 1998) (1998) 70 SASR 281 Zhang v Commissioner, Australian Federal Police (2009) 260 ALR 580; [2009] FCA 1170 Dictionary of Computing by SMH Collin (5th ed, 2009)