Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Limited (No 4 - examination orders) [2021] FCA 1237

Federal Court of Australia

Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Limited (No 4 – examination orders) [2021] FCA 1237 File number: NSD 1316 of 2020

Judgment of: WIGNEY J

Date of judgment: 12 October 2021

Catchwords: PRACTICE AND PROCEDURE – interlocutory applications of various accused seeking direction in relation to pre-trial examinations of witnesses – where some witnesses had not previously given evidence during committal proceedings – where a witness had previously attended committal proceedings to give evidence – where Basha inquiry principles in s 23CQ of the Federal Court of Australia Act 1976 (Cth) applied – whether witness examined during committal proceedings could be subject to a Basha inquiry – where prosecutor did not oppose directions sought – where serious risk of unfair trial if witnesses not examined – order made for the examination of five witnesses

Legislation: Criminal Procedure Act 1986 (NSW), s 82 Federal Court Rules 2011 (Cth), r 1.32 Federal Court of Australia Act 1976 (Cth), ss 23, 23CQ Judiciary Act 1903 (Cth), s 68

Cases cited: Barton v The Queen (1980) 147 CLR 75 Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Ltd [2021] FCA 511 Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Ltd (No 3 – privilege claims) [2021] FCA 1208 Jackson v Sterling Industries Ltd (1987) 162 CLR 612 R v Basha (1989) 39 A Crim R 337 R v Butler (1991) 24 NSWLR 66 Strickland (a pseudonym) v Commonwealth Director of Public Prosecutions (2018) 266 CLR 325; [2018] HCA 53