Smethurst v Commissioner of the Australian Federal Police

The plaintiffs, including Ms Smethurst, challenged the validity of a search warrant issued by the Australian Federal Police. The dispute concerned the search of premises and the retention of material copied from Ms Smethurst's mobile phone, purportedly under a warrant that relied on reasonable grounds for suspecting the commission of a Commonwealth offence. The matter came before the High Court of Australia by way of a special case.

The High Court was required to determine whether the search warrant was invalid on the grounds that it misstated the substance of section 79(3) of the *Crimes Act 1914* (Cth) and whether it failed to state the offence to which it related with sufficient precision. The Court was also asked to consider the relief that should issue if the warrant was found to be invalid, including whether a mandatory injunction should be granted for the destruction or delivery up of material obtained under the warrant, and whether the police should be restrained from making the information available to prosecuting authorities.

The Court reasoned that the search warrant was invalid because it misstated the substance of section 79(3) of the *Crimes Act 1914* (Cth) and did not specify the offence with sufficient precision. The Court found that the assertion of a public interest in retaining the information for potential prosecution was speculative and unsubstantiated. Consequently, the Court ordered that a writ of certiorari issue to quash the search warrant. The Court also ordered that, upon notice from Ms Smethurst and subject to any lawful warrant, the Commissioner of Police deliver up a USB storage device containing the copied information and delete all other copies held by the Australian Federal Police. The first defendant was ordered to pay the plaintiffs' costs.