Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SMEC Holdings Pty Ltd v Commissioner of the Australian Federal Police [2018] FCA 609 File numbers: VID 341 of 2018 VID 342 of 2018 VID 344 of 2018 VID 340 of 2018
Judge: BROMWICH J
Date of judgment: 30 April 2018
Date of publication of reasons: 4 May 2018
Catchwords: DISCOVERY – applicants in four related proceedings seeking discovery of material on basis of which search warrants under challenge were issued – whether there is sufficient basis for exercise of discretion to order Commissioner to discover material that was before the issuing officers – discovery in the context of exercise of coercive or intrusive law enforcement powers – must be evidence or proper basis for suggesting that a search warrant was issued unlawfully before discovery is allowed in support of such claim – discovery not to be speculative or an impermissible fishing expedition – held: sufficient basis to make order for discovery not shown by applicants –contested interlocutory applications for discovery dismissed
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