Caratti v Commissioner of the Australian Federal Police

In the case of Caratti v Commissioner of the Australian Federal Police, the primary issue before the Court was whether the applicant, Mr Caratti, had the standing to bring an injunction against the Commissioner of the Australian Federal Police (AFP) to restrain the AFP from providing documents to relevant liquidators and companies. Additionally, the Court had to decide whether, on the proper construction of section 3N of the Crimes Act 1914 (Cth), the companies were entitled to receive copies of documents seized as occupiers. The Court was also required to determine what orders, if any, should be made.

The Court found that Mr Caratti did not have a sufficient interest in the subject matter of the proceeding to bring the injunction. It was established that the companies were "occupiers" at the relevant times and their requests under section 3N of the Crimes Act were valid. The Court held that the term "occupier" in section 3N is not limited to exclude a body corporate. Therefore, the Court dismissed the injunction application.

The Court concluded that the companies were entitled to receive copies of the seized documents as they were occupiers under the proper construction of section 3N. The Court ordered that the parties confer and by 4pm on Tuesday 19 June 2018 file a minute of proposed orders designed to reflect the orders proposed in the reasons for judgment including as to the question of costs of the proceeding.