XX v Australian Crime Commission [2014] FCA 177

XX v Australian Crime Commission [2014] FCA 177

The Board of the Australian Crime Commission is not a juristic entity and cannot be joined as a respondent; however, joinder of the individual members of the Board is permissible. The respondents are required to provide further particulars as to 'all Australia Police services' and 'the Australian Customs and Border Protection Service', but other requests for particulars are refused.

Jurisdiction
Australia
Judgment Date
20 November 2014
Procedural Posture
Interlocutory Application / Determination of Joinder and Provision of Particulars
Outcome
Application to join the Board refused; application to join individual members of the Board allowed. Application for particulars allowed in part.
Legal Topics
['joinder of Parties' 'particulars' 'juristic Entities' 'judicial Review']
['practice and Procedure' 'administrative Law'] ['joinder of Parties' 'particulars' 'juristic Entities' 'judicial Review']

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Procedural Posture

Interlocutory Application / Determination of Joinder and Provision of Particulars

Legal Issues

  1. 1 ['Whether the Board of the Australian Crime Commission is a juristic entity' 'Whether the Board should be joined as a respondent' 'Whether relief is sought against the Board' 'Whether further and better particulars of defence should be ordered']

Ratio Decidendi

The Board of the Australian Crime Commission is not a juristic entity and cannot be joined as a respondent; however, joinder of the individual members of the Board is permissible. The respondents are required to provide further particulars as to 'all Australia Police services' and 'the Australian Customs and Border Protection Service', but other requests for particulars are refused.

Court Disposition

Application to join the Board refused; application to join individual members of the Board allowed. Application for particulars allowed in part.

Orders

  • ["Paragraph 2 of the applicant's interlocutory application dated 3 September 2014 is adjourned to a date to be fixed." "The respondents must provide the particulars sought in paragraph 2 of the letter of the applicant's solicitors dated 27 August 2014 as to 'all Australia Police services' and 'the Australian Customs...