Full Court Minute Books

Case A30/2019

CXXXVIII v. Commonwealth of Australia & Ors

Case No.


Case Information

Lower Court Judgment

3/04/2019 Federal Court of Australia (Logan J, Bromberg J, Charlesworth J)

[2019] FCAFC 54


Administrative law – Criminal investigation – Where summonses and notices to produce issued pursuant to determinations made by Board of Australian Criminal Intelligence Commission under Australian Crime Commission Act 2002 (Cth) (“Act”) – Whether first and second determinations validly made within scope of power in s 7C of Act – Whether second summons to appear before Examiner and second notice to produce validly issued pursuant to determinations – Whether second notice to attend and produce valid and not in excess of power in s 21A of Act – Whether Board of Commission can validly make determination which creates as a “special investigation” an “investigation” yet to be identified or undertaken.


18/10/2019 Hearing (SLA, Melbourne)

01/11/2019 Notice of appeal

09/12/2019 Amended written submissions (Appellant)

09/12/2019 Amended chronology (Appellant)

18/12/2019 Hearing (Full Court, Melbourne v/link Canberra and Adelaide)

21/01/2020 Further written submissions (Appellant)

21/01/2020 Amended Notice of appeal

21/01/2020 Notice of Constitutional Matter (Appellant)

24/01/2020 Consent order varying timetable

11/02/2020 Written submissions (CXXXVIX seeking leave to intervene)

26/02/2020 Written submissions (Respondents)

28/02/2020 Notice of Constitutional Matter (Proposed intervener)

03/04/2020 Reply

09/04/2020 Further Notice of Constitutional Matter (Appellant)

03/08/2020 Consent order discontinuing the appeal

04/08/2020 Hearing (Full Court, Canberra) - VACATED

05/08/2020 Hearing (Full Court, Canberra) Includes pronouncement of orders by consent