Chen v Commissioner of the Australian Federal Police [2017] FCA 1558

FEDERAL COURT OF AUSTRALIA

Chen v Commissioner of the Australian Federal Police [2017] FCA 1558 File number: VID 1030 of 2017

Judge: BROMWICH J

Date of judgment: 21 December 2017

Catchwords: PRACTICE AND PROCEDURE – application for preliminary discovery – where prospective applicant considering whether to institute proceedings challenging the issue of search warrants under s 3E of the Crimes Act 1914 (Cth) – where discovery sought of the affidavit relied upon to ground the issue 21 DECEMBER 2017of the search warrants – whether prospective applicant holds reasonable belief that she may have a right to obtain relief CRIMINAL LAW – prospective challenge to search warrants issued under s 3E of the Crimes Act 1914 (Cth) – sufficiency of information before the issuing officer –issuing magistrate's satisfaction that there were reasonable grounds for suspecting that there would be evidence of the offence of having dealt with property reasonably suspected of being proceeds of crime, contrary to s 400.9(1) of the Criminal Code (Cth)

Legislation: Crimes Act 1914 (Cth) s 3E Criminal Code (Cth) ss 6.2(1), 400.9 Federal Court Rules 2011 (Cth) r 7.23

Cases cited: Attorney-General (Nova Scotia) v MacIntyre (1982) 132 DLR (3d) 385 Baker v Campbell (1983) 153 CLR 52 Caratti v Commissioner of the Australian Federal Police [2017] FCAFC 177 Cassaniti v Croucher (1997) 37 ATR 269 CC v Rayney [2012] WASC 56; 42 WAR 498 Lin v R [2015] NSWCCA 204; 297 FLR 457; 253 A Crim R 1 Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd [2017] FCAFC 193 Poole v Australian Pacific Touring Pty Ltd [2017] FCA 424 Puglisi v Australian Fisheries Management Authority (1997) 148 ALR 393 Williams v Keelty [2001] FCA 1301; 111 FCR 175 Wong v Commissioner, Australian Federal Police [2014] FCA 443 Wright v Queensland Police Service [2002] QSC 46; [2002] 2 Qd R 667