Strachans SA v Attorney-General

FEDERAL COURT OF AUSTRALIA

Strachans SA v Attorney-General [2008] FCA 553

ADMINISTRATIVE LAW  –  application for request for assistance in a criminal matter to be declared invalid, set aside or quashed – whether the request lawfully made –  whether the request was made by the Attorney General (Cth) or the Attorney General’s delegate –  whether the maker of a request is under an obligation to disclose all material facts –  whether alleged factual defects in the request rendered the request invalid - whether reasonable grounds to believe the preconditions for making the request were satisfied – whether inclusion of allegedly privileged material rendered the request invalid - whether the involvement of the Director of Public Prosecutions rendered the request unlawful – whether the involvement of the Australian Crime Commission rendered the request unlawful –  application dismissed

Mutual Assistance in Criminal Matters Act 1987 (Cth)
Dunn v Australian Crime Commission [2008] FCA 424

STRACHANS SA v ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA

VID 271 OF 2006

TRACEY J
24 APRIL 2008
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 271 OF 2006

BETWEEN:	STRACHANS SA Applicant
AND:	ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA Respondent

JUDGE:	TRACEY J
DATE OF ORDER:	24 APRIL 2008
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The application be dismissed with costs.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 271 OF 2006

BETWEEN:	STRACHANS SA Applicant
AND:	ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA Respondent

JUDGE:	TRACEY J
DATE:	24 APRIL 2008
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. This proceeding was heard immediately after argument had concluded in Dunn v Australian Crime Commission [2008] FCA 424. It was convenient to follow this course because the applicant sought, and had been granted leave, to rely on the same evidence which had been tendered in the Dunn case in this proceeding and because, apart from two additional matters, the same grounds and argument as had been advanced in Dunn were pursued in this case.

2. Dunn was concerned with a challenge to the lawfulness of a request, made by a delegate of the Commonwealth Attorney-General, to Swiss authorities.  The request was made under the Mutual Assistance in Criminal Matters Act 1987 (Cth) (“the Mutual Assistance Act”) and the Treaty between Australia and Switzerland on Mutual Assistance in Criminal Matters done at Berne in Switzerland on 25 November 1991 (“the Treaty”).  It asked the Swiss authorities to obtain and execute search warrants to seize documents which were sought in relation to an investigation known as “Operation Wickenby”.  The mutual assistance request suggested that relevant documents might be found in the applicant’s premises in Switzerland upon the execution of search warrants.

3. The grounds of the present application which are common to the grounds relied on in Dunn are that:

   ·Necessary preconditions (under the statutory regime and the Treaty) for the making of a valid application for assistance under the