Crane v Gething [2000] FCA 45

Crane v Gething [2000] FCA 45

The Court should not grant declaratory relief pre-empting the result of an ongoing criminal investigation where questions of fact are disputed and central to possible charges; civil courts will only in exceptional circumstances grant declarations affecting potential criminal liability. Parliamentary privilege claims, arising in dispute between the executive and parliament over documents seized under search warrants, are not justiciable by the Court in the absence of related judicial proceedings; resolution of such claims lies with Parliament.

Parties
Applicant: Arthur Winston Crane; First Respondent: Ronald John Gething; Second Respondent: Philip Raymond Thompson; Third Respondent: The Commissioner of Australian Federal Police
Jurisdiction
Australia
Judgment Date
18 February 2000
Procedural Posture
Judicial Review and Declaratory Relief Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Parliamentary Privilege, Search Warrants, Declaratory Relief, Judicial Review
Constitutional Law Administrative Law Criminal Law Parliamentary Privilege Search Warrants Declaratory Relief Judicial Review

Case Brief

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Parties

Arthur Winston Crane

Applicant

Ronald John Gething

First Respondent

Philip Raymond Thompson

Second Respondent

The Commissioner of Australian Federal Police

Third Respondent

Procedural Posture

Judicial Review and Declaratory Relief Application / Final Judgment

Legal Issues

  1. 1 Whether the Court should issue a declaration on the applicant's entitlement to parliamentary allowances under investigation
  2. 2 Whether the Court should determine claims of parliamentary privilege over documents seized under search warrants

Ratio Decidendi

The Court should not grant declaratory relief pre-empting the result of an ongoing criminal investigation where questions of fact are disputed and central to possible charges; civil courts will only in exceptional circumstances grant declarations affecting potential criminal liability. Parliamentary privilege claims, arising in dispute between the executive and parliament over documents seized under search warrants, are not justiciable by the Court in the absence of related judicial proceedings; resolution of such claims lies with Parliament.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The Applicant is to pay the Third Respondent's costs of the application.