Dunesky, P.E. & Anor v Commonwealth of Australia [1995] FCA 393

Dunesky, P.E. & Anor v Commonwealth of Australia [1995] FCA 393

There are serious questions to be tried regarding the execution of the warrants, legal privilege, and scope of seizure, and the balance of convenience favours interim access limits: applicants and their counsel/solicitors have unlimited access, respondents' counsel/solicitors may inspect/copy for defence preparation only under undertakings, but respondents are restrained from other access pending case determination.

Jurisdiction
Australia
Judgment Date
26 April 1995
Procedural Posture
Judicial Review / Interlocutory Application for Injunction
Outcome
Interlocutory injunctions granted, directions for case management issued.
Legal Topics
['search Warrants' 'legal Professional Privilege' 'conversion' 'interlocutory Injunctions']
['administrative Law' 'criminal Procedure' 'torts'] ['search Warrants' 'legal Professional Privilege' 'conversion' 'interlocutory Injunctions']

Case Brief

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Procedural Posture

Judicial Review / Interlocutory Application for Injunction

Legal Issues

  1. 1 ['Whether interlocutory injunction should restrain respondents from inspecting, copying or removing seized documents pending determination' 'Lawfulness of execution of search warrants' 'Legal professional privilege over seized documents' 'Scope of authority in execution of warrants' 'Whether seizure constituted conversion']

Ratio Decidendi

There are serious questions to be tried regarding the execution of the warrants, legal privilege, and scope of seizure, and the balance of convenience favours interim access limits: applicants and their counsel/solicitors have unlimited access, respondents' counsel/solicitors may inspect/copy for defence preparation only under undertakings, but respondents are restrained from other access pending case determination.

Court Disposition

Interlocutory injunctions granted, directions for case management issued.

Orders

  • ['Applicants and their counsel/solicitors have unlimited access to all seized documents between 8.30am and 5.00pm on business days until determination or further order.' 'Respondents restrained from inspecting, copying, or removing seized documents except that their counsel/solicitors may inspect or copy for...