Commonwealth of Australia & Anor v Lyon [2003] FCA 995

Commonwealth of Australia & Anor v Lyon [2003] FCA 995

Because it was at least arguable that there was a justiciable controversy sufficient to constitute a matter within s 39B(1A)(a) of the Judiciary Act 1904 (Cth), and because it was arguable that the Magistrate's proposed procedure of permitting cross-examination on confidential evidence supporting a s 28 Witness...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 September 2003
Procedural Posture
Urgent Ex Parte Application for Orders in the Nature of Interlocutory Injunctions Directed to a Magistrate of the Local Court of New South Wales / Interlocutory; Temporary Orders Until Further Order
Outcome
Temporary interlocutory orders granted ex parte until further order; application made returnable on 23 September 2003.
Legal Topics
['jurisdiction of the Federal Court Under S 39 B(1 A)(a) of the Judiciary Act 1904 (cth)' 'restraint of a Magistrate From Permitting Cross Examination' 'suppression Orders' 'confidential Affidavit Evidence' 'protected Witness Under the Witness Protection Act 1994 (cth)']
['practice and Procedure' 'federal Jurisdiction' 'witness Protection' 'public Interest Immunity'] ['jurisdiction of the Federal Court Under S 39 B(1 A)(a) of the Judiciary Act 1904 (cth)' 'restraint of a Magistrate From Permitting Cross Examination' 'suppression Orders' 'confidential Affidavit Evidence' 'protected Witness Under the Witness Protection Act 1994 (cth)']

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Procedural Posture

Urgent Ex Parte Application for Orders in the Nature of Interlocutory Injunctions Directed to a Magistrate of the Local Court of New South Wales / Interlocutory; Temporary Orders Until Further Order

Legal Issues

  1. 1 ['Whether the Federal Court had jurisdiction to make urgent interlocutory orders restraining a Local Court Magistrate in proceedings concerning offences under state law.' 'Whether it was arguable that permitting cross-examination on confidential affidavit evidence advanced in support of a claim under s 28 of the Witness Protection Act 1994 (Cth) and public interest immunity would involve legal error.' 'Whether temporary restraint should be ordered against the lifting of the suppression order made in the Local Court proceedings.']

Ratio Decidendi

Because it was at least arguable that there was a justiciable controversy sufficient to constitute a matter within s 39B(1A)(a) of the Judiciary Act 1904 (Cth), and because it was arguable that the Magistrate's proposed procedure of permitting cross-examination on confidential evidence supporting a s 28 Witness Protection Act 1994 (Cth) and public interest immunity claim involved an error of law, the Court was prepared to grant temporary interlocutory restraints.

Court Disposition

Temporary interlocutory orders granted ex parte until further order; application made returnable on 23 September 2003.

Orders

  • ['Until further order Magistrate Lyon be restrained from requiring or permitting Audrey Ann Fagan to be cross-examined on her affidavit and confidential affidavit both sworn on 18 September 2003 and filed in the proceedings R v Barbaro & Ors in the Local Court.' 'Until further order Magistrate Lyon be restrained...