AB v National Crime Authority [1997] FCA 240

AB v National Crime Authority [1997] FCA 240

Given the likely dispute about whether proposed evidence concerning events leading to the Authority's references or other extrinsic matters was admissible or relevant, and the significant effect that ruling could have on the length and conduct of the trial, it was appropriate to order pre-trial disclosure of witnesses and documents, written submissions on the issue, and determination of that issue as a preliminary question of law at the commencement of the trial.

Jurisdiction
Australia
Judgment Date
08 April 1997
Procedural Posture
Application for Review Under the National Crime Authority Act / Directions Before Hearing; Preliminary Question of Law Ordered for Commencement of Trial
Outcome
Directions made, not by consent; preliminary question of law to be dealt with at the commencement of the trial; costs of today to be costs in the cause.
Legal Topics
['national Crime Authority References' 'improper Purpose' 'admissibility of Extrinsic Evidence' 'preliminary Question of Law' 'directions for Trial Preparation']
['administrative Law' 'evidence' 'civil Procedure'] ['national Crime Authority References' 'improper Purpose' 'admissibility of Extrinsic Evidence' 'preliminary Question of Law' 'directions for Trial Preparation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Review Under the National Crime Authority Act / Directions Before Hearing; Preliminary Question of Law Ordered for Commencement of Trial

Legal Issues

  1. 1 ['Whether the applicant should file and serve a list of proposed witnesses and summaries of their evidence, and a court book of documents.' 'Whether the respondent should file and serve a list of proposed witnesses and summaries of their evidence, and a court book of documents.' 'Whether parties should file written submissions on whether extrinsic events or matters may be considered in determining whether the proposed line of investigation falls within the scope of the references granted to the Authority or other issues raised by the pleadings.' 'Whether that question should be dealt with as a preliminary question of law at the commencement of the trial.']

Ratio Decidendi

Given the likely dispute about whether proposed evidence concerning events leading to the Authority's references or other extrinsic matters was admissible or relevant, and the significant effect that ruling could have on the length and conduct of the trial, it was appropriate to order pre-trial disclosure of witnesses and documents, written submissions on the issue, and determination of that issue as a preliminary question of law at the commencement of the trial.

Court Disposition

Directions made, not by consent; preliminary question of law to be dealt with at the commencement of the trial; costs of today to be costs in the cause.

Orders

  • ['On or before 12 noon on 21 April 1997 the applicant file and serve a list of the witnesses it is proposed to call, together with a brief summary of the evidence which it is proposed to elicit from each such witness.' 'On or before 12 noon on 21 April 1997 the applicant file and serve a court book of documents...