McCartney v EB (No 2) [2019] FCA 184

FEDERAL COURT OF AUSTRALIA

McCartney v EB (No 2) [2019] FCA 184 File number: NSD 2324 of 2018

Judge: WIGNEY J

Date of judgment: 22 February 2019

Catchwords: CRIMINAL LAW – control orders – application for confirmation of control order pursuant to s 104.14 of the Criminal Code Act 1995 (Cth) – where AFP met preconditions for confirmation of control order – where control order appropriate in circumstances – whether the obligations, prohibitions and restrictions contained in the control orders were on the balance of probabilities reasonably necessary, reasonably appropriate and adapted for their purpose – control order confirmed without variation

Legislation: Criminal Code Act 1995 (Cth) ss 104.2, 104.3, 104.4, 104.12, 104.12A, 104.14, 104.15

Cases cited: McCartney v EB [2019] FCA 183

Date of hearing: 8 February 2019

Registry: New South Wales

Division: General Division

National Practice Area: Federal Crime and Related Proceedings

Category: Catchwords

Number of paragraphs: 26

Counsel for the Applicant: Mr P Melican

Solicitor for the Applicant: Australian Government Solicitor

Solicitor for the Respondent: Mr M Davis of Mark Davis Legal

ORDERS NSD 2324 of 2018

BETWEEN: IAN MCCARTNEY

Applicant

AND: EB

Respondent

JUDGE: WIGNEY J DATE OF ORDER: 22 February 2019

THE COURT ORDERS THAT:

Confirmed control order 1. Pursuant to s 104.14(7)(c) of the Criminal Code Act 1995 (Cth), the Court confirms (without variation) the interim control order made in relation to the respondent on 30 January 2019. The terms of the confirmed control order are set out in the Annexure to these orders.