Dunesky, Peter Eric & Anor v Commonwealth of Australia & Ors [1996] FCA 624

Dunesky, Peter Eric & Anor v Commonwealth of Australia & Ors [1996] FCA 624

The execution of the warrants was not so unreasonable as to invalidate them; the police officers did not abdicate their responsibility to the ATO officers who acted only as advisers; the participation of ATO officers did not vitiate the execution; seizure of certain documents was within the broad terms of the warrants; applicants are not estopped from bringing the proceeding; the orders should allow determination of return of documents outside the warrant or subject to privilege, but otherwise the application is dismissed and costs awarded to the respondents.

Jurisdiction
Australia
Judgment Date
22 July 1996
Procedural Posture
Civil (trespass/detinue) / Judgment After Hearing on Execution of Search Warrants
Outcome
Application largely dismissed; adjournment granted for return of documents outside warrant or subject to privilege; applicants to pay respondents' costs.
Legal Topics
['execution of Search Warrants' 'trespass to Goods and Property' 'detinue' 'legal Professional Privilege' 'police Procedure' 'estoppel' 'reasonableness in Execution of Warrants']
['criminal Law' 'procedure' 'administrative Law'] ['execution of Search Warrants' 'trespass to Goods and Property' 'detinue' 'legal Professional Privilege' 'police Procedure' 'estoppel' 'reasonableness in Execution of Warrants']

Case Brief

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Procedural Posture

Civil (trespass/detinue) / Judgment After Hearing on Execution of Search Warrants

Legal Issues

  1. 1 ['Whether execution of the search warrants was valid and reasonable' 'Whether participation of persons unnamed in warrant invalidated execution' 'Whether documents seized were outside the scope of the warrant' 'Whether police committed trespass or detinue' 'Whether estoppel applies to preclude the proceeding due to case splitting' 'How legal professional privilege claims should be handled']

Ratio Decidendi

The execution of the warrants was not so unreasonable as to invalidate them; the police officers did not abdicate their responsibility to the ATO officers who acted only as advisers; the participation of ATO officers did not vitiate the execution; seizure of certain documents was within the broad terms of the warrants; applicants are not estopped from bringing the proceeding; the orders should allow determination of return of documents outside the warrant or subject to privilege, but otherwise the application is dismissed and costs awarded to the respondents.

Court Disposition

Application largely dismissed; adjournment granted for return of documents outside warrant or subject to privilege; applicants to pay respondents' costs.

Orders

  • ['The proceeding be adjourned to a date to be fixed for the purpose of considering which, if any, documents seized by officers of the Australian Federal Police from the premises of the first applicant at 7 Gilmore Close, Glenhaven, or from the offices of Messrs Edney Lawrence & Co, 2nd floor, 706 Military Road,...