CXXXVIII v. Commonwealth of Australia & Ors
Case No.
A30/2019
Case Information
Lower Court Judgment
3/04/2019 Federal Court of Australia (Logan J, Bromberg J, Charlesworth J)
Catchwords
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.
Documents*
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