FAN19 v Australian Criminal Intelligence Commission (No 2) [2021] FCA 127

FEDERAL COURT OF AUSTRALIA

FAN19 v Australian Criminal Intelligence Commission (No 2) [2021] FCA 127 File number: WAD 619 of 2019

Judgment of: BANKS-SMITH J

Date of judgment: 15 February 2021

Date of publication of reasons: 22 February 2021

Catchwords: PRACTICE AND PROCEDURE - where evidence given at examination conducted under s 25A of the Australian Crime Commission Act 2002 (Cth) - where orders made providing opportunity for redaction of reasons for judgment - where suppression orders necessary to prevent prejudice to the proper administration of justice

Legislation: Australian Crime Commission Act 2002 (Cth) s 25A Federal Court of Australia Act 1976 (Cth) ss 37AG, 37AJ

Cases cited: FAN19 v Australian Criminal Intelligence Commission [2021] FCA 100 LHRC v Deputy Commissioner of Taxation (No 4) [2015] FCA 70

Division: General Division

Registry: Western Australia

National Practice Area: Federal Crime and Related Proceedings

Number of paragraphs: 12

Date of hearing: 15 February 2021

Counsel for the Applicant: Mr F Merenda

Solicitor for the Applicant: Mr David Manera

Counsel for the Respondents: Mr A Willinge

Solicitor for the Respondents: Australian Government Solicitor

ORDERS WAD 619 of 2019

BETWEEN: FAN19 Applicant

AND: AUSTRALIAN CRIMINAL INTELLIGENCE COMMISSION First Respondent

DAVID LUSTY Second Respondent

order made by: BANKS-SMITH J DATE OF ORDER: 15 FEBRUARY 2021

THE COURT ORDERS THAT:

1. Subject to these orders, and to any further orders of the Court pursuant to s 37AJ of the Federal Court of Australia Act 1976 (Cth), orders 1 and 2 of the suppression orders made 17 December 2019 will remain in force until 15 February 2041. 2. Orders 1 and 2 of the orders made 17 December 2019 do not apply to references which are made to evidence, submissions or transcript in the reasons for judgment in this proceeding. 3. Pending further order, the reasons for judgment provided by the Court to the solicitors for the parties on the Court record on 15 February 2021 are not to be distributed other than to the parties and their legal representatives, and a copy of these orders is to be provided to any person to whom a copy of the reasons is distributed. 4. On or before 4.00 pm on 17 February 2021 the parties are to file and serve any submissions in support of any requested further redactions of the reasons for judgment delivered on 15 February 2021, having regard to principles of open justice and s 37AG of the Federal Court of Australia Act. 5. Publication of the reasons for judgment (save in accordance with order 3 of these orders) is deferred pending consideration by the Court of such submissions and its determination of the scope of any further redactions. 6. On publication of the reasons for judgment, all parties are to destroy in a secure manner all electronic and printed copies of the reasons for judgment delivered on 15 February 2021. 7. Liberty to apply.