Federal Court of Australia
Federal Court of Australia
Fogarty v Jakovac [2022] FCA 1454 File number(s): NSD 902 of 2022
Judgment of: BROMWICH J
Date of judgment: 29 November 2022
Catchwords: CRIMINAL LAW – control orders – application for interim control orders (ICO) pursuant to s 104.4(1) of the Criminal Code (Cth) – offence relating to terrorism – determination of whether the basis for the ICO is made out; adjudication on whether each of the proposed control orders are reasonably appropriate and adapted for the purposes identified in ss 104.4(1)(d)(i) and (ii) of the Criminal Code Held: application granted and ICO made
Legislation: Australian Federal Police Act 1979 (Cth) Criminal Code (Cth) Ch 5; Pt 5.3; Div 104; ss 80.2C(1), s 80.2C(2), 100.1, 104.2, s 104.3, 104.3(a), 104.4(1), 104.4(1)(a), 104.4(1)(b), 104.4(1)(c), 104.4(1)(c)(iv), 104.4(1)(d)(ii) or (iii) 104.4(1)(d); 104.4(1)(d)(i)
Cases cited: Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Thomas v Mowbray [2007] HCA 33; 233 CLR 307
Division: General Division
Registry: New South Wales
National Practice Area: Federal Crime and Related Proceedings
Number of paragraphs: 29
Date of hearing: 29 November 2022
Counsel for the Applicant: Mr T Glover and Mr M Pruscino
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the Respondent: Mr C O'Donnell SC and Mr D Bhutani
Solicitor for the Respondent: Ryan & Payten Criminal Law Specialists
ORDERS NSD 902 of 2022
BETWEEN: PETER BRIAN FOGARTY Applicant
AND: TYLER SLAVKO JAKOVAC Respondent
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