XX v Australian Crime Commission

XX commenced proceedings against the Australian Crime Commission in the Federal Court, seeking an application to join the Board of the Australian Crime Commission as a respondent, further and better particulars of the defence, and an order for costs. The court was required to decide whether the Board of the Australian Crime Commission was a juristic entity, whether the applicant was seeking relief against the Board, and whether there was any utility in joining the Board given the Australian Crime Commission's undertaking to implement any court orders. The court also had to determine whether the respondents had provided sufficient particulars in response to the applicant's request.

The court held that the application to join the Board as a respondent was refused because the Board was not a juristic entity and there was no utility in joining it. The application to join the members of the Board was allowed, and the application for particulars was allowed in part. The court found that the respondents had not provided sufficient particulars in relation to "all Australia Police services" and "the Australian Customs and Border Protection Service." Consequently, the court ordered that the respondents provide the particulars sought in paragraph 2 of the letter of the applicant’s solicitors dated 27 August 2014. The court dismissed the application for particulars in all other respects.

The final orders of the court were that paragraph 2 of the applicant’s interlocutory application dated 3 September 2014 would be adjourned to a date to be fixed. The respondents were required to 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 and Border Protection Service." Subject to this requirement, paragraph 3 of the applicant’s interlocutory application dated 3 September 2014 was dismissed. The entry of orders was governed by Rule 39.32 of the Federal Court Rules 2011.