State of New South Wales v Lawrence [2019] NSWSC 946

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Lawrence [2019] NSWSC 946 Hearing dates: 18 July 2019, 23 July 2019 Date of orders: 25 July 2019 Decision date: 25 July 2019 Jurisdiction: Common Law Before: Johnson J Decision: Orders sought in the Further Amended Notice of Motion filed 23 July 2019 granted.

The parties are to provide Short Minutes of Order to give effect to this judgment, including a timetable for submissions on the Defendant's application for costs. Catchwords: HIGH RISK OFFENDERS - terrorism intelligence application by the Attorney General – whether statutory requirements under s.59A(1) and (2) of the Terrorism (High Risk Offenders) Act 2017 have been met – meaning of "terrorism intelligence" – whether particular information is "terrorism intelligence" – statutory requirements met – terrorism intelligence application allowed - associated orders made under s.59C(2) Legislation Cited: Civil Procedure Act 2005 Evidence Act 1995 Freedom of Information Act 1982 (Cth) Terrorism (High Risk Offenders) Act 2017 Criminal Code (Cth) Terrorism (High Risk Offenders) Regulation 2018 Cases Cited: Attorney General's Department and Australian Iron and Steel Pty Limited v Cockcroft (1986) 10 FCR 180 Gypsy Jokers Motorcycle Club Inc v Commissioner of Police (2008) 234 CLR 532; [2008] HCA 4 McKinnon v Secretary, Department of Treasury (2006) 228 CLR 423; [2006] HCA 45 Pfizer Ireland Pharmaceuticals and Others v Samsung Bioepsis AU Pty Limited (2017) 257 FCR 62; [2017] FCAFC 193 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 R v Francis (2004) 145 A Crim R 233; [2004] NSWCCA 85 Secretary, Department of Family and Community Services v Hayward (a pseudonym) [2018] NSWCA 209 State of New South Wales v Elomar [2018] NSWSC 708 Valletta Inc v National Crime Authority (1999) 90 FCR 565; [1999] FCA 1099 Texts Cited: --- Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Tukiterangi (Tuki) Lawrence (Defendant) Representation: Counsel: Mr AC Casselden SC (Plaintiff) Mr MA Robinson SC; Dr J Lucy (Defendant) Mr NC Hutley SC (18 July 2019 and 23 July 2019); Mr R Bhalla (18 July 2019) and Mr I Fraser (23 July 2019) (Attorney General For New South Wales)