Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Furnari v Ziegert [2016] FCA 1080 File number: VID 873 of 2016
Judge: MURPHY J
Date of judgment: 2 September 2016
Catchwords: COMMUNICATIONS LAW – application for injunctive relief to remove a recording of a telephone conversation from the internet – whether serious question to be tried – whether telecommunication was intercepted while "passing over" a telecommunications service in breach of the Telecommunications (Interception and Access) Act 1979 (Cth) –– when a telecommunication becomes accessible to the intended recipient – no serious question to be tried – injunctive relief refused
Legislation: Invasion of Privacy Act 1971 (Qld) Telecommunications (Interception and Access) Act 1979 (Cth)
Cases cited: Edelsten v Investigating Committee of New South Wales (1986) 7 NSWLR 222 Green v R (1996) 135 ALR 181; (1996) 85 A Crim R 229 R v Edelsten (1990) 21 NSWLR 542 United Dairy Power Pty Ltd v Murray Goulburn Co-Operative Ltd [2011] FCA 762 Violi v Berrivale Orchards Ltd [2000] FCA 797
Date of hearing: 31 August 2016
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 33
Counsel for the Applicant: Mr J Castelan
Solicitor for the Applicant: Weinberg Lawyers
Counsel for the Respondents: The Respondents did not appear
ORDERS VID 873 of 2016
BETWEEN: RICHARD FRANK FURNARI Applicant
AND: CLAUDIA ZIEGERT First Respondent
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