SMEC Holdings Pty Ltd v Commissioner of the Australian Federal Police (No 2) [2018] FCA 827

SMEC Holdings Pty Ltd v Commissioner of the Australian Federal Police (No 2) [2018] FCA 827

It is appropriate for the hearing of the challenges to the validity of the search warrants on their face and to their execution to proceed without further delay, notwithstanding the adjournment of the challenge to the issue of the warrants, as the categories are distinct, delay would be undesirable, and applicants did not present compelling reasons to adjourn.

Jurisdiction
Australia
Judgment Date
01 June 2018
Procedural Posture
Application for Adjournment in Related Judicial Review Proceedings / Interlocutory (ruling on Adjournment Prior to Substantive Hearing)
Outcome
Application to adjourn hearing of the balance of the challenges refused.
Legal Topics
['search Warrants' 'interlocutory Applications' 'adjournment' 'discovery' 'validity of Warrants']
['criminal Law' 'practice and Procedure'] ['search Warrants' 'interlocutory Applications' 'adjournment' 'discovery' 'validity of Warrants']

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Procedural Posture

Application for Adjournment in Related Judicial Review Proceedings / Interlocutory (ruling on Adjournment Prior to Substantive Hearing)

Legal Issues

  1. 1 ['Whether the hearing of challenges to the validity of search warrants on their face and to their execution should be adjourned pending the outcome of a Full Court leave application regarding discovery of affidavits supporting the warrants']

Ratio Decidendi

It is appropriate for the hearing of the challenges to the validity of the search warrants on their face and to their execution to proceed without further delay, notwithstanding the adjournment of the challenge to the issue of the warrants, as the categories are distinct, delay would be undesirable, and applicants did not present compelling reasons to adjourn.

Court Disposition

Application to adjourn hearing of the balance of the challenges refused.

Orders

  • ['The application by the applicant(s) to adjourn the hearing of the balance of the challenges, being to the validity of the search warrants on their face and to the execution of the search warrants, is refused.' 'The challenge to the issue of search warrants is adjourned pending Full Court hearing and determination...