Australian Broadcasting Corporation v Kane (No 2) [2020] FCA 133

FEDERAL COURT OF AUSTRALIA

Australian Broadcasting Corporation v Kane (No 2) [2020] FCA 133 File number: NSD 989 of 2019

Judge: ABRAHAM J

Date of judgment: 17 February 2020

Catchwords: ADMINISTRATIVE LAW – application for judicial review pursuant to s 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) and relief under s 39B of the Judiciary Act 1903 (Cth) regarding the issue of a search warrant under s 3E of the Crimes Act 1914 (Cth) (Crimes Act) CRIMINAL LAW – practice and procedure – search warrant – where applicant claimed that the warrant was invalid as it did not comply with ss 3E(1), 3E(5)(a) and (c) of the Crimes Act – where the applicant claimed the conditions of the warrant did not meaningfully limit the scope of the search authorised by the warrant – interpretation of s 73A of the Defence Act 1903 (Cth) CONSTITUTIONAL LAW – implied freedom of communication on governmental and political matters –where warrant issued pursuant to s 3E of the Crimes Act – where warrant authorised search for certain evidential material at the premises of the Australian Broadcasting Corporation – where validity of underlying offence provisions not challenged – whether the decision to issue this warrant was ultra vires having regard to the implied freedom of political communication EVIDENCE – whether witness qualified to express opinion – where the applicant claimed journalist privilege under s 126K of the Evidence Act 1995 (Cth) extends to seizure of material under a search warrant issued under s 3E of the Crimes Act – where applicant claimed privilege in relation to specific documents