Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Caratti v Commissioner of the Australian Federal Police (No 3) [2016] FCA 1407 File number: NSD 86 of 2015
Judge: WIGNEY J
Date of judgment: 23 November 2016
Catchwords: CRIMINAL LAW – practice and procedure – search warrants – where Court has determined that unlawfully seized electronic devices should be returned but Commissioner should be allowed to determine whether data on devices falls within the scope of the search warrants – Crimes Act 1914 (Cth), ss 3ZQU and 3ZQX – whether the Commissioner should be required to return the data if it is no longer required for any prosecution, or whether he should be permitted to retain it for any of the purposes in s 3ZQU – whether s 3ZQU can apply to material unlawfully seized where the Court has exercised its discretion to allow the material to be retained PRACTICE AND PROCEDURE – pleading – whether it is appropriate to order that both the originating application be "otherwise dismissed" in circumstances where points of claim raised allegations not the subject of the originating application
Legislation: Crimes Act 1914 (Cth), ss 3L(1)(A), 3ZQU, 3ZQX
Cases cited: Caratti v Commissioner of the Australian Federal Police (No 2) [2016] FCA 1132 Puglisi v Australian Fisheries Management [1997] FCA 846
Date of hearing: Determined on the papers
Date of last submissions: 27 October 2016
Registry: New South Wales
Division: General Division
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