Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lee v Benbrika [2020] FCA 1723 File number: VID 670 of 2020
Judgment of: BESANKO J
Date of judgment: 1 December 2020
Catchwords: CRIMINAL LAW — application for interim control orders pursuant to s 104.4 of the Criminal Code Act 1995 (Cth) — where respondent has been convicted in Australia of an offence relating to terrorism, a terrorist organisation or a terrorist act — consideration of individual controls in dispute between the parties — whether proposed orders reasonably necessary — whether proposed orders reasonably appropriate and adapted — application granted
Legislation: Crimes Act 1914 (Cth) s 3 Criminal Code Act 1995 (Cth) ss 100.1, 104.1, 104.2, 104.3, 104.4, 104.5, 104.14, 104.27, 105A.7 Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG
Cases cited: Benbrika v R [2010] VSCA 281; (2010) 29 VR 583 Thomas v Mowbray [2007] HCA 33; (2007) 233 CLR 307
Division: General Division
Registry: Victoria
National Practice Area: Federal Crime and Related Proceedings
Number of paragraphs: 60
Date of last submissions: 19 November 2020
Date of hearing: 17 November 2020
Counsel for the Applicant: Mr R Maidment QC with Ms C Fitzgerald
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the Respondent: Mr S Moglia with Ms R Khan
Solicitor for the Respondent: Isabelle Skaburskis
ORDERS VID 670 of 2020
BETWEEN: SCOTT LEE Applicant
AND: ABDUL NACER BENBRIKA Respondent
order made by: BESANKO J DATE OF ORDER: 1 December 2020
THE COURT ORDERS THAT:
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