EAZ20 v Anderson [2020] FCA 1314

Federal Court of Australia

EAZ20 v Anderson [2020] FCA 1314 File number: SAD 130 of 2020

Judgment of: BESANKO J

Date of judgment: 9 September 2020

Date of Publication of Reasons: 15 September 2020

Catchwords: PRACTICE AND PROCEDURE — application for interim relief in a proceeding for judicial review of a decision made by an examiner of the Australian Crime and Intelligence Commission pursuant to s 28 of the Australian Crime Commission Act 2002 (Cth) to summons the applicant — whether the examiner failed to take into account a relevant consideration — whether the applicant's attendance at the examination may expose him to a substantial risk — where no evidence of the applicant's circumstances adduced — application for interim relief refused

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Australian Crime Commission Act 2002 (Cth) s 28

Division: General Division

Registry: South Australia

National Practice Area: Federal Crime and Related Proceedings

Number of paragraphs: 15

Date of hearing: 9 September 2020

Counsel for the Applicant: Mr B McCloud

Solicitor for the Applicant: McMahon & Co Barristers & Solicitors

Counsel for the Respondent: Mr P d'Assumpcao

Solicitor for the Respondent: Australian Criminal Intelligence Commission

ORDERS SAD 130 of 2020

BETWEEN: EAZ20 Applicant

AND: JEFFREY P ANDERSON First Respondent AUSTRALIAN CRIME AND INTELLIGENCE COMMISSION Second Respondent

order made by: BESANKO J DATE OF ORDER: 9 SEPTEMBER 2020

THE COURT ORDERS THAT:

1. The applicant's application for interim relief as set out in paragraphs 1 and 2 of the orders sought in the originating application for judicial review filed on 8 September 2020 be refused. 2. The applicant pay the respondents' costs of an incidental to the application for interim relief, to be taxed in default of agreement. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.