Flanagan v Commissioner of the Australian Federal Police [1995] FCA 1206

Flanagan v Commissioner of the Australian Federal Police [1995] FCA 1206

Leave to amend to include applications for review under the ADJR Act should be granted as the applicants have adequately explained the delay, no substantial prejudice will occur, and permitting the amendments avoids unnecessary multiplicity of proceedings.

Parties
Applicant: John Flanagan; Applicant: Angela Dianne Flanagan; First Respondent: Commissioner of the Australian Federal Police; Second Respondent: Director of Public Prosecutions; Third Respondent: Commonwealth of Australia; Applicant: Robert Charles Howard; Applicant: Bruno Grollo
Jurisdiction
Australia
Judgment Date
28 November 1995
Procedural Posture
Application for Leave to Amend Pleadings / Pre Trial Interlocutory Application
Outcome
Leave to amend pleadings granted in part, refused in part.
Legal Topics
Amendment of Pleadings, Judicial Review, Search Warrants, Disclosure Obligations
Administrative Law Criminal Procedure Amendment of Pleadings Judicial Review Search Warrants Disclosure Obligations

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Parties

John Flanagan

Applicant

Angela Dianne Flanagan

Applicant

Commissioner of the Australian Federal Police

First Respondent

Director of Public Prosecutions

Second Respondent

Commonwealth of Australia

Third Respondent

Robert Charles Howard

Applicant

Bruno Grollo

Applicant

Procedural Posture

Application for Leave to Amend Pleadings / Pre Trial Interlocutory Application

Legal Issues

  1. 1 Whether leave should be granted to amend pleadings to seek judicial review under the Administrative Decisions (Judicial Review) Act 1977 of decisions to issue search warrants
  2. 2 Whether delay in seeking amendment justifies refusal of leave
  3. 3 Whether additional particulars regarding breach of duty of disclosure should be allowed

Ratio Decidendi

Leave to amend to include applications for review under the ADJR Act should be granted as the applicants have adequately explained the delay, no substantial prejudice will occur, and permitting the amendments avoids unnecessary multiplicity of proceedings.

Court Disposition

Leave to amend pleadings granted in part, refused in part.

Orders

  • Leave granted to amend applications and statements of claim to include applications for judicial review under the ADJR Act of the decisions to issue search warrants.
  • Leave refused to amend para.20 of the statement of claim to insert further particulars relating to breach of duty of disclosure.