Australian Broadcasting Corporation and anor v Cloran, Paul S. & ors [1984] FCA 472

Australian Broadcasting Corporation and anor v Cloran, Paul S. & ors [1984] FCA 472

The warrants are invalid because they fail to describe the particular offences in relation to which the seizure is authorised, preventing the persons addressed and affected from knowing the exact object of the search.

Parties
First Applicant: Australian Broadcasting Corporation; Second Applicant: Christopher Wayne Masters; First Respondent: Paul Stanislaus Cloran; Second Respondent: Toni-Michelle O'Bryan; Third Respondent: Paul Deaves; Fourth Respondent: Maurice Arthur Polkinghorne; Fifth Respondent: John Jones
Jurisdiction
Australia
Judgment Date
21 December 1984
Procedural Posture
Application for Order of Review / Judgment on Preliminary Issue
Outcome
Application granted. Warrants quashed.
Legal Topics
Validity of Search Warrants, Certainty in Warrants, Section 10 and Section 70 of Crimes Act 1914
Administrative Law Criminal Law Validity of Search Warrants Certainty in Warrants Section 10 and Section 70 of Crimes Act 1914

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Parties

Australian Broadcasting Corporation

First Applicant

Christopher Wayne Masters

Second Applicant

Paul Stanislaus Cloran

First Respondent

Toni-Michelle O'Bryan

Second Respondent

Paul Deaves

Third Respondent

Maurice Arthur Polkinghorne

Fourth Respondent

John Jones

Fifth Respondent

Procedural Posture

Application for Order of Review / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether the search warrants are invalid for lack of certainty by failing to describe offences with sufficient particularity as required by law.

Ratio Decidendi

The warrants are invalid because they fail to describe the particular offences in relation to which the seizure is authorised, preventing the persons addressed and affected from knowing the exact object of the search.

Court Disposition

Application granted. Warrants quashed.

Orders

  • Search warrants numbers 930 of 1984 and 512 of 1984 be quashed.
  • Documents seized from 64 Westbrook Avenue, East Wahroonga to be delivered up to the District Registrar or nominee.