Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Booth v Kaya [2020] FCA 25 File number: VID 1377 of 2019
Judge: ANASTASSIOU J
Date of judgment: 22 January 2020
Catchwords: CRIMINAL LAW – control orders – application for interim control orders pursuant to s 104.4 of the Criminal Code Act 1995 (Cth) – whether respondent was convicted of an offence "relating to terrorism" – whether respondent has provided support for or otherwise facilitated the engagement in a hostile activity in a foreign country – reasonably necessary – reasonably appropriate and adapted – application granted in part
Legislation: Crimes Act 1914 (Cth), s 3(1) Criminal Code Act 1995 (Cth), ss 104.1, 104.4, 119.4
Cases cited: McCartney v EB (2019) 263 FCR 170 R v Cerantonio & Ors [2019] VSC 284 Thomas v Mowbray (2007) 233 CLR 307
Date of hearing: 20 December 2019, 20 January 2020
Date of last submissions: 20 January 2020
Registry: Victoria
Division: General Division
National Practice Area: Federal Crime and Related Proceedings
Category: Catchwords
Number of paragraphs: 30
Counsel for the Applicant: Ms C. Fitzgerald
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the Respondent: Mr M. Goldberg
Solicitor for the Respondent: James Dowsley & Associates
ORDERS VID 1377 of 2019
BETWEEN: SANDRA BOOTH Applicant
AND: MURAT KAYA Respondent
JUDGE: ANASTASSIOU J DATE OF ORDER: 22 JANUARY 2020
THE COURT ORDERS THAT:
Interim control order
1. The Court makes an interim control order pursuant to s 104.4 of the Criminal Code Act 1995 (Cth) in the terms set out in the Schedule. Confirmation hearing 2. The confirmation hearing of the interim control order is listed at 10:15 am on 3 June 2020. Endorsement pursuant to Rule 41.06 To: Murat Kaya You will be liable to imprisonment, sequestration of property or punishment for contempt if: (a) for an order that requires you to do an act or thing – you neglect or refuse to do the act or thing within the time specified in the order; or (b) for an order that requires you not to do an act or thing – you disobey the order. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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