Price, John James v Elder, Wendy & Ors [1998] FCA 1767

Price, John James v Elder, Wendy & Ors [1998] FCA 1767

Issuing search warrants under Crimes Act 1914 (Cth) is an administrative/executive function; officers of State courts and magistrates acting persona designata are validly authorised, and this does not infringe Chapter III of the Constitution.

Parties
Applicant: John James Price; First Respondent: Wendy Elder; First Respondent Solicitor: State Crown Solicitor; Second Respondent Solicitor: Commonwealth Director of Public Prosecutions; Counsel for Second Respondent: S. J. Gageler
Jurisdiction
Australia
Judgment Date
13 November 1998
Procedural Posture
Judicial Review / Judgment at First Instance
Outcome
Application dismissed; validity of search warrants upheld
Legal Topics
Issuing Search Warrants, Judicial V Executive Powers, Chapter III of Constitution, Persona Designata Doctrine
Constitutional Law Criminal Law Issuing Search Warrants Judicial V Executive Powers Chapter III of Constitution Persona Designata Doctrine

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Parties

John James Price

Applicant

Wendy Elder

First Respondent

State Crown Solicitor

First Respondent Solicitor

Commonwealth Director of Public Prosecutions

Second Respondent Solicitor

S. J. Gageler

Counsel for Second Respondent

Procedural Posture

Judicial Review / Judgment at First Instance

Legal Issues

  1. 1 Whether issuing of search warrants by State court officers breaches Chapter III of the Constitution
  2. 2 Whether executive power can be conferred on State court officers by federal legislation
  3. 3 Validity of warrants issued by administrative officers and magistrates acting persona designata

Ratio Decidendi

Issuing search warrants under Crimes Act 1914 (Cth) is an administrative/executive function; officers of State courts and magistrates acting persona designata are validly authorised, and this does not infringe Chapter III of the Constitution.

Court Disposition

Application dismissed; validity of search warrants upheld

Orders

  • Ms Elder was validly authorised to issue the search warrants in matters 631 and 678 of 1998.
  • The search warrant in matter 651 of 1998 was also validly issued.