Booth v Brookman (No 2) [2022] FCA 30

Federal Court of Australia

Booth v Brookman (No 2) [2022] FCA 30 File number: VID 346 of 2021

Judgment of: SNADEN J

Date of judgment: 24 January 2022

Date of publication of reasons: 27 January 2022

Catchwords: CRIMINAL LAW – control orders – respondent charged with contravention of interim control order – respondent remanded in custody – application for variation of interim control order pursuant to s 104.11A of the Criminal Code –consent to variation – criteria in s 104.11A(2) of the Code satisfied – application granted

Legislation: Criminal Code Act 1995 (Cth) div 104, s 104.11A

Cases cited: Booth v Brookman [2021] FCA 767

Division: General Division

Registry: Victoria

National Practice Area: Federal Crime and Related Proceedings

Number of paragraphs: 7

Date of hearing: Determined on the papers

Solicitor for the Applicant: Australian Government Solicitor

Solicitor for the Respondent: Stary Norton Halphen

ORDERS VID 346 of 2021

BETWEEN: SANDRA BOOTH Applicant

AND: ADAM MATHEW BROOKMAN Respondent

order made by: SNADEN J DATE OF ORDER: 24 JANUARY 2022

THE COURT ORDERS THAT:

1. Pursuant to s 104.11A of the Criminal Code (Cth), the interim control order entered in relation to the respondent on 6 July 2021 is varied so as to include in Annexure A to those orders a paragraph in the following terms: 24. Variation of controls while in custody 24.1 Controls 1 – 23 do not apply during any period in which you are held by or on behalf of an officer in a prison or remand centre of the Commonwealth, a State or a territory. 24.2 Controls 1 – 23 resume their application at the conclusion of any period referred to in Control 24.1. 2. There is to be no disclosure, by publication or otherwise, of the statement of the Witness dated 22 September 2016 and filed with the Court in this proceeding on 18 October 2021 and its Annexures. 3. Order 2 is made under s 37AF of the Federal Court of Australia Act 1976 (on the grounds set out in s 37AG(1)(a) and (b) of that Act) together with s 93.2 of the Criminal Code Act 1995 (Cth). 4. Order 2 operates until further order. 5. Order 2 does not prevent disclosure of information to and between the following people for the purposes of these proceedings: 5.1. the presiding judge and necessary staff of this Court; 5.2. persons referred to in s 6(1) of the Australian Federal Police Act 1979 (Cth) and legal representatives of the Australian Federal Police instructed in these proceedings; 5.3. the Respondent and his legal representatives; 5.4. Commonwealth officers (as defined by s 3 of the Crimes Act 1914 (Cth)) 5.5. officers of the foreign agencies identified in the Confidential Second Affidavit of Sandra Booth sworn on 28 June 2021. 6. The Respondent and the Respondent's representatives shall at the conclusion of these proceedings, including any appeals: 6.1. delete any electronic copies, and return to the Commissioner of the Australian Federal Police any hard copies, of the document referred to in order 2 which are in their possession; and 6.2. notify the Commissioner of the Australian Federal Police that they have done so. 7. Each party bear its own costs of the Applicant's interlocutory application dated 20 January 2022. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.