Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Broadcasting Corporation v Kane [2019] FCA 1312 File number: NSD 989 of 2019
Judge: ABRAHAM J
Date of judgment: 20 August 2019
Catchwords: PRACTICE AND PROCEDURE – interlocutory application – application for notice to produce to be set aside – application for leave to file amended originating application – application for order under rules 20.13 and 20.15 of the Federal Court Rules 2011 (Cth) requiring the second and third respondents to give discovery of documents – applicant seeking information on oath when warrant under challenge was issued – notice to produce and application for discovery filed in context of exercise of intrusive law enforcement powers – sufficient definition of the issues required to enable the Court to see a real issue, proof of which would be assisted by the documents and information sought – information sought would not assist the applicant's case as pleaded – notice to produce set aside – order for discovery refused – application for leave to file first proposed amended originating application granted
Legislation: Crimes Act 1914 (Cth) ss 3E, 70 Criminal Code Act 1995 (Cth) ss 131.1(1), 132.1 Defence Act 1903 (Cth) s 73A Federal Court Rules 2011 (Cth) rr 20.11, 20.13, 20.15 Judiciary Act 1903 (Cth) s 39B Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth)
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