Booth v Brookman (No 3) [2022] FCA 42

FEDERAL COURT OF AUSTRALIA

Booth v Brookman (No 3) [2022] FCA 42 File number: VID 346 of 2021

Judgment of: SNADEN J

Date of judgment: 31 January 2022

Catchwords: CRIMINAL LAW – control orders – application for confirmation of interim control order pursuant to s 104.14 of the Criminal Code – respondent did not oppose confirmation order – statutory preconditions for confirmation of control order satisfied – control order confirmed

Legislation: Criminal Code Act 1995 (Cth) – div 104; ss 104.4, 104.12A, 104.14 Federal Court of Australia Act 1976 (Cth) pt VAA

Cases cited: Booth v Brookman [2021] FCA 767 Booth v Brookman (No 2) [2022] FCA 30 Booth v Namoa [2019] FCA 2213 Thomas v Mowbray (2007) 233 CLR 307

Division: General Division

Registry: Victoria

National Practice Area: Federal Crime and Related Proceedings

Number of paragraphs: 16

Date of hearing: 31 January 2022

Counsel for the Applicant: Mr W Randles

Solicitor for the Applicant: Australian Government Solicitor

Counsel for the Respondent: Mr P Morrissey S.C.

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: 31 JANUARY 2022

THE COURT ORDERS THAT:

1. Pursuant to s 104.14(4) of the Criminal Code (Cth), the interim control order made in relation to the respondent on 6 July 2021 and as varied of 24 January 2022 is confirmed as set out in the Annexure to these Orders. 2. The confirmed order is in force until and including 5 July 2022. 3. The respondent's lawyer may attend the Australian Federal Police at 383 Latrobe Street, Melbourne, Victoria between 9 am to 4 pm, Monday to Friday in order to obtain a copy of these Orders. 4. There is to be no disclosure, by publication or otherwise, of: 4.1. the address of the Respondent referred to in Control 2.2 of the confirmed order; 4.2. any future address of the Respondent approved by the AFP pursuant to Control 2.2 of the confirmed order; and 4.3. any other part of the proceeding, including preliminary discussion or legal argument, or information derived from the proceedings, which refer to or may disclose these addresses. 5. Order 4 is 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. Order 4 operates until further order. 7. Order 4 does not prevent the disclosure of information to and between the following people for the purposes of these proceedings: 7.1. the presiding judge and necessary staff of this Court; 7.2. 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; 7.3. the Respondent and his legal representatives; 7.4. Commonwealth officers (as defined by s 3 of the Crimes Act 1914 (Cth)); and 7.5. officers of the foreign agencies identified in the Confidential Second Affidavit of Sandra Booth sworn on 28 June 2021. THE COURT NOTES THAT: 8. It is satisfied on the balance of probabilities that the respondent has been convicted in Australia of an offence relating to terrorism (s 104.4(1)(c)(iv) of the Criminal Code). 9. It is satisfied on the balance of probabilities that the respondent has provided support for or otherwise facilitated the engagement in a hostile activity in a foreign country (s 104.4(1)(c)(vii) of the Criminal Code). 10. It is satisfied on the balance of probabilities that each of the obligations, prohibitions and restrictions to be imposed on the respondent by the order is reasonably necessary, and reasonably appropriate and adapted, for the purposes of: 10.1. protecting the public from a terrorist act (s 104.4(1)(d)(i) of the Criminal Code); 10.2. preventing the provision of support for or the facilitation of a terrorist act (s 104.4(1)(d)(ii) of the Criminal Code); and 10.3. preventing the provision of support for or the facilitation of the engagement in a hostile activity in a foreign country (s 104.4(1)(d)(iii) of the Criminal Code). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.