McFarlane v Thompson [2000] FCA 796

McFarlane v Thompson [2000] FCA 796

Interlocutory quarantine was warranted only for the Metway Bank deposit book and the "Kangarucci" A4 exercise book because it was seriously arguable that they were seized outside the hours specified in the warrants, and policy considerations required that documents arguably caught by the statutory prohibition not be inspected before legality was determined. Broader relief was refused because documents relating to the income and expenses of the unit trust for the relevant years were within, or at least sufficiently connected to, the warrants, and the balance of convenience did not favour quarantining them; any improper inspection would not work irremediable injustice and damages would be...

Jurisdiction
Australia
Judgment Date
02 June 2000
Procedural Posture
Application for Interlocutory Relief Relating to Custody or Detention of Documents Seized Pursuant to Warrants / Interlocutory Application
Outcome
Limited interlocutory relief granted; broader quarantine orders refused; costs reserved.
Legal Topics
['interlocutory Relief' 'seizure of Documents' 'scope of Search Warrants' 'execution of Warrants Outside Authorised Hours' 'balance of Convenience' 'legal Professional Privilege Claims']
['practice and Procedure' 'criminal Procedure' 'search Warrants' 'legal Professional Privilege'] ['interlocutory Relief' 'seizure of Documents' 'scope of Search Warrants' 'execution of Warrants Outside Authorised Hours' 'balance of Convenience' 'legal Professional Privilege Claims']

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Procedural Posture

Application for Interlocutory Relief Relating to Custody or Detention of Documents Seized Pursuant to Warrants / Interlocutory Application

Legal Issues

  1. 1 ['Whether there was a serious question to be tried that the warrants were issued on insufficient material.' 'Whether documents were seized outside the scope of the warrants.' 'Whether documents were seized outside the hours authorised by the warrants.' 'Whether the balance of convenience favoured interlocutory relief quarantining seized documents from inspection.' 'How documents subject to claims for legal professional privilege should be dealt with pending resolution of the claims.']

Ratio Decidendi

Interlocutory quarantine was warranted only for the Metway Bank deposit book and the "Kangarucci" A4 exercise book because it was seriously arguable that they were seized outside the hours specified in the warrants, and policy considerations required that documents arguably caught by the statutory prohibition not be inspected before legality was determined. Broader relief was refused because documents relating to the income and expenses of the unit trust for the relevant years were within, or at least sufficiently connected to, the warrants, and the balance of convenience did not favour quarantining them; any improper inspection would not work irremediable injustice and damages would be...

Court Disposition

Limited interlocutory relief granted; broader quarantine orders refused; costs reserved.

Orders

  • ['The Metway Bank deposit book and the "Kangarucci" A4 notebook be lodged with the Registrar of the Court and marked "Not to be released to any person without the prior order of a judge of this Court".' 'Within 7 days the solicitors for the applicants and respondents together inspect the documents subject to a claim...