Booth v Thorne [2021] FCA 380

Federal Court of Australia

Booth v Thorne [2021] FCA 380 File number: VID 76 of 2021

Judgment of: ANASTASSIOU J

Date of judgment: 5 March 2021

Date of publication of reasons: 16 April 2021

Catchwords: CRIMINAL LAW – application for interim control orders pursuant to s 104.4 of the Criminal Code Act 1995 (Cth) – whether pre-conditions in s 104.4(1) are satisfied – whether controls reasonably necessary and reasonably appropriate and adapted – application granted

Legislation: Criminal Code 1995 (Cth), s 104.4

Cases cited: Booth v Thorne [2020] FCA 445 Booth v Thorne (No 2) [2020] FCA 1196

Division: General Division

Registry: Victoria

National Practice Area: Federal Crime and Related Proceedings

Number of paragraphs: 6

Date of hearing: 5 March 2021

Counsel for the Applicant: Ms C. Fitzgerald

Solicitor for the Applicant: Australian Government Solicitor

Solicitor for the Respondent: Ms I. Skaburskis of Doogue and George Defence Lawyers

ORDERS VID 76 of 2021

BETWEEN: SANDRA BOOTH Applicant

AND: SHAYDEN JAMIL THORNE Respondent

order made by: ANASTASSIOU J DATE OF ORDER: 5 MARCH 2021

THE COURT ORDERS THAT:

Interim control order 1. The Court makes an interim control order pursuant to s 104.4 of the Criminal Code (Cth) in the terms set out in the Schedule to these orders. Confirmation hearing 2. The proceeding be listed for hearing on 9 June 2021 at 11:00am. Suppression order 3. There is to be no disclosure, by publication or otherwise, of: (a) the address in Control 1.1; (b) the names of third parties who are not also persons convicted of terrorism offences, in Control 5.1b; (c) in the Summary of Grounds in Annexure B, the names of third parties who are not party to this proceeding, except the names of co-accused; 4. The Information identified in Order 3 be redacted from any publicly available Court documents, including Orders. 5. Orders 3 and 4 are made under s 37AF of the Federal Court of Australia Act 1976 (Cth) (on the grounds set out in s 37AG(1)(a) and (c) of that Act). 6. Orders 3 and 4 operate until further order. 7. Orders 3 and 4 do not prevent disclosure of the Information to and between the following people for the purposes of these proceedings: (a) the presiding judge and necessary staff of this Court; (b) officers and employees of agencies that are members of the Joint Counter Terrorism Team and legal representatives of those agencies; (c) the respondent and his legal representatives; (d) Commonwealth officers (as defined by s 3 of the Crimes Act 1914 (Cth)). Endorsement pursuant to Rule 41.06 To: Shayden Thorne 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.