Federal Court of Australia
Federal Court of Australia
EMU20 v Anderson [2020] FCA 1585 File number: SAD 153 of 2020
Judgment of: BESANKO J
Date of judgment: 4 November 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 summon the applicant — consideration of the mandatory relevant considerations of the decision to summon a person for examination — legal unreasonableness — whether the applicant has a prima facie case — consideration of where the balance of convenience lies — application for interim relief refused
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 6 Australian Crime Commission Act 2002 (Cth) ss 4, 25A 28, 29A, 29B Judiciary Act 1903 (Cth) s 39B
Cases cited: ABT17 v Minister for Immigration and Border Protection [2020] HCA 34 Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 Lee v New South Wales Crime Commission [2013] HCA 39; (2013) 251 CLR 196 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Samsung Electronics Co Ltd v Apple Inc [2011] FCAFC 156; (2011) 217 FCR 238 X7 v Australian Crime Commission [2013] HCA 29; (2013) 248 CLR 92
Division: General Division
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