Booth v Dakkak [2020] FCA 1882

FEDERAL COURT OF AUSTRALIA

Booth v Dakkak [2020] FCA 1882 File number: NSD 1358 of 2020

Judgment of: YATES J

Date of judgment: 31 December 2020

Catchwords: CRIMINAL LAW – control orders – application for interim controls orders pursuant to s 104.4 of the Criminal Code Act 1995 (Cth)

Legislation: Criminal Code Act 1995 (Cth) Pt 5.3 ss 102.8(1), 102.8(4)(a), 104.3, 104.4(1)(a), 104.4(1)(b), 104.4(1)(c), 104.4(1)(d), 104.4(2), 104.5(3)(e), 104.5(4), 104.11A(2)(b), 104.14(7)(b)

Cases cited: Thomas v Mowbray [2007] HCA 33; 233 CLR 307

Division: General Division

Registry: New South Wales

National Practice Area: Federal Crime and Related Proceedings

Number of paragraphs: 55

Date of hearing: 29 December 2020

Counsel for the Applicant: Mr A Berger QC with Mr M Varley

Solicitor for the Applicant: Australian Government Solicitor

Counsel for the Respondent: Mr T Anderson

Solicitor for the Respondent: Legal Aid New South Wales

Table of Corrections

31 December 2020 In the quoted extract in paragraph 16, the words "person who has not committed" have been replaced with "person who has committed".

31 December 2020 In the second sentence of paragraph 2 of Annexure B to the Orders, the word "been" has been inserted after the word "has".

31 December 2020 In sub-paragraph 10(e) of Annexure B, the word "fiancé" has been replaced by "fiancée".

ORDERS NSD 1358 of 2020 BETWEEN: SANDRA BOOTH Applicant

AND: RADWAN DAKKAK Respondent

order made by: YATES J DATE OF ORDER: 31 DECEMBER 2020

THE COURT ORDERS THAT:

Interim control order 1. An interim control order pursuant to s 104.4 of the Criminal Code Act 1995 (Cth) be made in the terms set out in the Schedule to these orders. Case management hearing 2. The day on which the respondent may attend Court for the Court to either confirm (with or without variation) the interim control order, or declare the interim control order to be void, or revoke the interim control order, is 22 March 2021 at 9.30 am and the matter be listed for a case management hearing at that date and time. THE COURT NOTES: Undertaking 3. The applicant undertakes to the Court and the respondent that the applicant, and AFP appointees (as defined by s 4 of the Australian Federal Police Act 1979 (Cth)) who are under her command, will not contact any person who is the subject of a notification provided by the respondent pursuant to an obligation, prohibition or restriction the substance of which is sought by the applicant by Control 9 proposed in Annexure SB-01 to the affidavit of the applicant sworn 21 December 2020, unless: (a) the applicant or the relevant AFP appointee considers that a failure to so contact the person would be prejudicial to security (as defined in s 4 of the Australian Security Intelligence Organisation Act 1979 (Cth)); or (b) the contact is for purposes unrelated to, and does not refer to, the respondent. ENDORSEMENT PURSUANT TO RULE 41.06: To: Radwan Dakkak 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.