Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Morad v El-Ashey [2017] FCA 1136 File number: VID 536 of 2017
Judge: KENNY J
Date of judgment: 22 September 2017
Catchwords: COMMUNICATIONS LAW – alleged breaches of the Telecommunications (Interception and Access) Act 1979 (Cth) – whether emails were accessed while "passing over" a telecommunications system – whether respondent could have accessed a "stored communication" PRACTICE AND PROCEDURE – application for summary judgment under s 31A of the Federal Court of Australia Act 1976 (Cth) and r 26.01(1)(a) of the Federal Court Rules 2011 (Cth) – held "no reasonable prospect" of successfully prosecuting the proceeding
Legislation: Evidence Act 1995 (Cth) Federal Court of Australia Act 1976 (Cth) Telecommunications Act 1997 (Cth) Telecommunications (Interception and Access) Act 1979 (Cth)
Cases cited: Boston Commercial Services Pty Ltd v GE Capital Finance Australasia Pty Ltd [2006] FCA 1352 Burge v Commonwealth Bank of Australia (No 3) [2017] FCA 383 Furnari v Ziegert [2016] FCA 1080 George v Fletcher (Trustee) [2010] FCAFC 53 Jefferson Ford Pty Ltd v Ford Motor Company of Australia Ltd [2008] FCAFC 60; 167 FCR 372 Kowalski v MMAL Staff Superannuation Fund Pty Ltd [2009] FCAFC 117; 178 FCR 401 Nichol v Discovery Africa Limited [2016] FCAFC 182 Spencer v Commonwealth [2010] HCA 28; 241 CLR 118 Upaid Systems Ltd v Telstra Corporation Limited [2016] FCAFC 158 Violi v Berrivale Orchards Ltd [2000] FCA 797; 99 FCR 580
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate