Caratti v Commissioner of the Australian Federal Police [2018] FCA 907

FEDERAL COURT OF AUSTRALIA

Caratti v Commissioner of the Australian Federal Police [2018] FCA 907 File number: WAD 630 of 2017

Judge: BARKER J

Date of judgment: 15 June 2018

Catchwords: CRIMINAL LAW – application for injunction against Commissioner of the Australian Federal Police (AFP) to restrain the AFP from providing documents to relevant liquidators and companies – further interlocutory applications seeking to restrain liquidators and companies from inspecting documents and to deliver up any such documents to the applicant – where liquidators and companies made requests to the AFP for copies of documents seized under search warrants executed by the AFP – requests made under section 3N of the Crimes Act 1914 (Cth) – whether applicant has standing to bring injunctions – where applicant does not have a sufficient interest in the subject matter of the proceeding – construction of "occupier" in s 3N – whether the construction of "occupier" is such that the companies are entitled to receive copies of the seized documents – where "occupier" is not limited to exclude a body corporate – declarations made that companies were "occupiers" at relevant times and their s 3N requests are valid – injunction application dismissed

Legislation: Aboriginal Land Rights Act 1983 (NSW) Acts Interpretation Act 1901 (Cth) s 2(2) and s 2C Corporations Act 2001 (Cth) s 438C and s 530B Crimes Act 1914 (Cth) ss 3H(1), 3J(1), 3K(2)(b), 3N, 3P, 4B, 41(3), 42(4), 85ZP(2), 85ZZGF Evidence Act 1995 (Cth) s 191 Judiciary Act 1903 (Cth) s 39B Federal Court Rules 2011 (Cth) Pt 18