Case S196/2019

Smethurst & Anor v. Commissioner of Police & Anor

Case No.

S196/2019

Case Information

Catchwords

Constitutional law – Warrant – Validity of warrant – Form of relief – Implied freedom of political communication – Where members of Australian Federal Police executed search warrant issued under s 3E of Crimes Act 1914 (Cth) at residential premises of journalist – Where warrant specified contravention of s 79(3) of Act by journalist – Where order made under s 3LA of Act directed to journalist requiring information and assistance to be provided – Where plaintiffs seek to have warrant and s 3LA order quashed – Whether s 79(3), as it stood on 29 April 2018, invalid on ground that it infringed implied freedom of political communication in Constitution (Cth) – Whether warrant invalid because misstates substance of s 79(3), does not state offence with sufficient precision, and/or s 79(3) was invalid – Whether s 3LA order invalid.

Short particulars

Documents*

26/06/2019 Application for constitutional or other writ

26/06/2019 Notice of constitutional matter (Plaintiffs)

13/08/2019 Amended application for an order to show cause

30/08/2019 Hearing (Single Justice, Sydney v/link Melbourne)

06/09/2019 Order referring matter to Full Court (6/09/2019)

25/09/2019 Written submissions (Plaintiffs)

25/09/2019 Chronology (Plaintiffs)

09/10/2019 Written submissions (Australian Human Rights Commission as amicus curiae)

23/10/2019 Written submissions (First defendant and the Attorney-General of the Commonwealth (intervening))

29/10/2019 Written submissions (Attorney-General for the State of South Australia (intervening))

30/10/2019 Notice of constitutional matter (Australian Human Rights Commission)

04/11/2019 Reply

12/11/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

12/11/2019 Outline of oral argument (Plaintiffs)

12/11/2019 Outline of oral argument (First defendant and the Attorney-General of the Commonwealth (intervening))

12/11/2019 Outline of oral argument (Attorney-General for the State of South Australia (intervening))

12/11/2019 Outline of oral argument (Australian Human Rights Commission as amicus curiae)

13/11/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

04/12/2019 Notice of constitutional matter (First defendant and the Attorney-General of the Commonwealth (intervening))

17/12/2019 Further written submissions (Plaintiffs)

22/01/2020 Further written submissions (First defendant and the Attorney-General of the Commonwealth (intervening))

28/01/2020 Further written submissions (Attorney-General for the State of South Australia (intervening))

31/01/2020 Further reply (Plaintiffs)

15/04/2020 Judgment (Judgment summary)