National Crime Authority v. A, B and D [1988] FCA 145

National Crime Authority v. A, B and D [1988] FCA 145

The Court held that the right conferred by section 25(4) of the Act is not absolute. The Authority possesses the power to refuse permission for a particular legal practitioner to appear for witnesses if it concludes, on reasonable grounds and in good faith, that such representation may prejudice the investigation. The appeals were therefore allowed and the judicial review applications dismissed.

Parties
Appellant: National Crime Authority; Respondent: A; Respondent: B; Respondent: D
Jurisdiction
Australia
Judgment Date
29 April 1988
Procedural Posture
Appeal / Judgment on Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeals allowed; orders and declaration below set aside; judicial review applications dismissed
Legal Topics
Judicial Review, Right to Legal Representation, Power to Regulate Hearings, Discretion to Deny Representation, Confidentiality in Investigations
Administrative Law Judicial Review Right to Legal Representation Power to Regulate Hearings Discretion to Deny Representation Confidentiality in Investigations

Case Brief

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Parties

National Crime Authority

Appellant

A

Respondent

B

Respondent

D

Respondent

Procedural Posture

Appeal / Judgment on Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether the right of a witness to be represented by a legal practitioner before the National Crime Authority is absolute
  2. 2 Whether the Authority has power to deny a witness representation by a particular legal practitioner on the ground that it may prejudice its investigation

Ratio Decidendi

The Court held that the right conferred by section 25(4) of the Act is not absolute. The Authority possesses the power to refuse permission for a particular legal practitioner to appear for witnesses if it concludes, on reasonable grounds and in good faith, that such representation may prejudice the investigation. The appeals were therefore allowed and the judicial review applications dismissed.

Court Disposition

Appeals allowed; orders and declaration below set aside; judicial review applications dismissed

Orders

  • Each appeal be allowed.
  • Orders and declaration made by Northrop J. set aside in each case.