See all articles by Mark Leeming Mark Leeming. The first is that each warrant fails to comply with s 3E(5)(a) of the Crimes Act as expounded in Smethurst v Commissioner of the Australian Federal Police 2 in that it does not identify the substance of the offences against s 92.3(1) and (2) of the Criminal Code to which it relates with sufficient precision. Moore v Scenic Tours Pty Ltd [2020] HCA 17 . 1949 78 CLR 389 at 400 1949 HCA 33 See also Hossain 2018 92 ALJR 780 at 790 43 from LAW 10 at Catholic University of Eastern Africa Where (as here) it is said that a provision is wholly invalid, it is necessary to construe the The invalidity of the search warrant rendered the AFP's entry into and search of Ms Smethurst's . SEARCH AND SEIZURE - Restrictions on use of information obtained by police via search warrants - Whether and in what circumstances information can be provided to third party regulator - Whether Crimes Act 1958 s 465 contains implied duty of confidentiality with respect to information derived from things seized - Smethurst v Commissioner . Police;15 McLean v Racing Victoria Ltd,16 and, most importantly, Smethurst v Commissioner of Police.17 Three of those decisions involved seizure pursuant to a search warrant.18 Let it be assumed the warrant is shown to be invalid, or that unauthorised disclosure or use of the material is proposed or has occurred. in respect of a particular document or particular information depends on whether from LAW 10 at Catholic University of Eastern Africa in smethurst & anor v commissioner of police & anor [2020] hca 14 (15 april 2020), the high court of australia has handed down a decision finding that the search warrant relied upon by officers of the australian federal police ("the afp") to search the residence of news corp journalist annika smethurst (the first plaintiff) was found to have … in Smethurst v Commissioner of the Australian Federal Police ('Smethurst').2 Lenah confirmed that such a tort may be recognised in Australian common law and applied in appropriate cases. Smethurst & Anor v. Commissioner of Police & Anor Case No. Case Information. 7 Case note: Smethurst V Commissioner of Police [2020] HCA 14. On the facts here, Smethurst had no such legal right to form the basis of an injunction (Glencore v Federal Commissioner of Taxation (2019) 372 ALR 126; ABC v Lenah Game Meats (2001) 208 CLR 199 . Smethurst v Commissioner of Police [2020] HCA 14 Summary. In part it is a collection of curiosities of the That is because personal privacy is recognised as one of the basic of human rights. Ms Smethurst is a journalist. 1. Today the High Court unanimously found the AFP warrant to enter journalist Annika Smethurst's home in search of information relating to the publication of classified information, was invalid on a technical ground: "that it misstated the substance of s 79(3) of the Crimes Act, as it stood on 29 April 2018, and failed to state the offence to which the warrant related with sufficient precision. ; A judicial challenge to a search warrant executed on the ABC headquarters in Sydney . That's the curious outcome of the High Court's decision in Smethurst v Commissioner of Police. For judgment: Smethurst & Anor v Commissioner of Police & Anor [2020] HCA 14 . Cases such as Smethurst v Commissioner of Police [2020], demonstrate police powers being correctly followed and justice is affectively been achieved. Courts, sentencing and tribunals; Crikey's lawyers have some advice. Deputy Commissioner McCartney said the police investigation into two ABC reporters over their reporting on war crimes allegedly committed in Afghanistan would continue. Equitable Relief 2016 - 2017 Completed Damages and Human Rights 2016 - 2016 Completed Damages and Human Rights 2016 - 2016 . The High Court has rebuked the Australian Federal Police, finding a raid on the home of News Corp journalist Annika Smethurst in June last year, after she wrote a story on national security, was . Commonwealth of Australia v Helicopter Resources Pty Ltd & Ors [2020] HCA 16 . Next month the High Court is scheduled to hear a case titled Smethurst v Commissioner of Police. 7 Mr Zhang's challenge to the validity of each warrant is on two grounds. The court refused to grant an injunction to journalist Annika Smethurst, of The Sunday Telegraph, against the Australiread more . The Australian Federal Police obtained a search warrant under the Crimes Act 1914 (Cth) from a Magistrate. The power to search has always been regarded as an exceptional power, to be exercised only with justified reasons. The court refused to grant an injunction to journalist Annika Smethurst, of The Sunday Telegraph, against the Australian Federal Police . Smethurst v Commissioner of Police Scholarly Contribution to Database/Website. The High Court of Australia (HCA) unanimously held that the search warrant relied upon by the Australian Federal Police (AFP) to enter and search the residence of journalist, Ms Annika Smethurst, was invalid. Smethurst v Commissioner of Police [2020] HCA 14 Held: Search warrant was invalid Police - Search warrants - Validity of warrant - Where police searched premises in reliance on warrant - Where police retained material copied from first plaintiff's mobile phone in reliance on warrant - Where warrant relied upon reasonable grounds for . In Smethurst v Commissioner of Police [2020] HCA 14 the High Court of Australia had to decide whether data obtained by police through an unlawful search of journalist Ms Annika Smethurst's home should be returned to her or destroyed. S196/2019. The University of Sydney Law School. For four months I have woken up each morning knowing there is a possibility I could be arrested and . Strbak v The Queen [2020] HCA 10; Smethurst v Commissioner of Police [2020] HCA 14; Moore v Scenic Tours Pty Ltd [2020] HCA 17; Commonwealth of Australia v Helicopter Resources Pty Ltd [2020] HCA 16 The AFP then executed that search warrant at Ms Smethurst's house and . Smethurst v Commissioner of Police (unlawful search by police and remedies) Roy v O'Neill (warrantless police entry onto land) Lewis v ACT (damages and false imprisonment) Northern Territory v Griffiths (compensation for loss of Native Title) Love v Commonwealth (migration and Indigenous peoples) Commonwealth v AJL20 (immigration detention) The recent High Court case of Smethurst v Commissioner of Police gave the High Court an opportunity to emphasize this principle. Smethurst v Commissioner of Police Mark Leeming* Banco Court, Supreme Court of New South Wales 19 May 2020 Half a century ago, the University of Queensland Law Journal published an article called "Lawyers' Uses of History".1In part it is a close reading of selected High Court judgments invoking legal history, notably those of Sir Victor Windeyer. On 15 April 2020, the High Court delivered judgment in Smethurst v Commissioner of Police [2020] HCA 14, 1 in which the Court found unanimously that a search warrant relied on by the Australian Federal Police (AFP) in carrying out a raid on journalist Annika Smethurst's home was invalid. A hollow victory for the press: Smethurst v Commissioner of Police By Emily Tranter, Sefakor Zikpi and Simon Agnello The effect is that the seized material remains in the hands of the AFP and we await to hear whether charges will be laid. 3 . News Corporation Australia's executive chairman Michael Miller responded to the ruling by saying: "The High Court ruling sends an indisputable message, that the Federal Police must obey the law and that their raid on Annika Smethurst's home was illegal. In the recent judgment of Smethurst v Commissioner of Police [2020] HCA 14, the High Court unanimously ruled invalid the search warrant executed on the home of News Corp journalist Anika Smethurst - but only a minority of justices was prepared to order the return of items seized during the search. 20 Motorcycle Club Inc v Commissioner of Police (2008) 234 CLR 532, 553 [11] (Gummow, Hayne, Heydon and Kiefel JJ). High Court weighs up confidentiality, privacy, and public interest considerations in refusing order for destruction of material seized under warrant. The individual subject to the search power must be . The raid on Ms Smethurst's home came one day before the AFP launched raids on the ABC over a separate matter, sparking a national debate about press freedom. By Jason N E Varuhas, Professor of Law, Melbourne Law School In Smethurst v Commissioner of Police [2020] HCA 14 the High Court of Australia had to decide whether data obtained by police through an unlawful search of journalist Ms Annika Smethurst's home should be returned to her or destroyed. Smethurst v Commissioner of Police was a decision of the High Court of Australia. In Smethurst v Commissioner of Police [2020] HCA 14 the High Court of Australia had to decide whether data obtained by police through an unlawful search of journalist Ms Annika Smethurst's home should be returned to her or destroyed. Case Summary (Part 1) The Search Warrant The power to search has always been regarded as an exceptional power, to be exercised only with justified reasons. Tuesday, 12 and Wednesday, 13 November 2019 3. However, cases in the use of police's authority in giving reasonable grounds for conducting a strip search are deemed to be unlawful, directing searches on minors without a legal guardian present. • Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (2019) 368 ALR 390 (trustees right of indemnity). Play over 265 million tracks for free on SoundCloud. trespass: Smethurst v Commissioner of Police (2020) 376 ALR 575 ('Smethurst'). Smethurst v Commissioner of Police [2020] HCA 14 From Dean Levitan and Dougal Hurley of Minter Ellison. SMETHURST & ANOR v COMMISSIONER OF POLICE & ANOR [2020] HCA 14 Today the High Court unanimously held, in answer to questions stated in a special case, that the warrant relied upon by officers of the Australian Federal Police ("the AFP") to authorise the search However, privacy claims brought since Lenah have seen courts interpret the High Court's judgment restrictively, with some Smethurst v Commissioner of Police is within the scope of WikiProject Australia, which aims to improve Wikipedia's coverage of Australia and Australia-related topics.If you would like to participate, visit the project page. 2 UNSW Law Journal Volume 44(2) Adv. Stream Peter Dunning - Session 5 - Smethurst v Commissioner of Police by Gilbert + Tobin Centre of Public Law on desktop and mobile. • Australian Securities and Investments Commission v Kobelt (2019) 368 ALR 1 (unconscionable dealing). Where (as here) it is said that a provision is wholly invalid, it is necessary to construe the Smethurst v Police Commissioner- p1. Commissioner of State Revenue v. Rojoda Pty Ltd . It's like being told you have a winning lottery ticket, but can't collect. See also, eg, Brown v Tasmania (2017) 261 CLR 328 at [487] (Edelman J) (Brown). Thursday, 7 November 2019 2. Contents 1 Factual Background 2 Decision 3 Aftermath 4 References Factual Background "In Smethurst v Commissioner of Police [2020] HCA 14 the High Court of Australia had to decide whether data obtained by police through an unlawful search of journalist Ms Annika Smethurst's home should be returned to her or destroyed. • Smethurst v Commissioner of Police [2020] HCA 14 (mandatory injunction, adequacy of damages). The High Court's recent decision in Smethurst v Commissioner of Police [2020] HCA 14 deals with an important question about what practical recourse is available to a private citizen when a . Smethurst v Commissioner of Police [2020] HCA 14 (15 April 2020) was a special case stating questions of law for the opinion of the Full Court of the High Court.. Snapshot. Smethurst & Anor v. Commissioner of Police & Anor . Smethurst v Commissioner of Police Mark Leeming* Half a century ago, the University of Queensland Law Journal published an article called 'Lawyers' Uses of History'.1 In part it is a close reading of selected High Court judgments invoking legal history, notably those of Sir Victor Windeyer. The High Court in Smethurst v Commissioner of Police: were unanimous in their decision that a search warrant gained by the Australian Federal Police (AFP) in the notorious search and seizure of the Sunday Telegraph's journalist Annika Smethurst's home was invalid; andby a 4:3 majority, refused to grant injunctive relief to the journalist and NewsCorp, allowing the AFP to retain the . Smethurst v Commissioner of Police (AFP) [2020] HCA 14 is an important decision in relation to search warrants; however not for the reason many would have hoped or expected. The High Court's ruling on media raids against Annika Smethurst is yet another decision that highlights the troubling state of press freedom in a country. Background. If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday. See also, eg, Brown v Tasmania (2017) 261 CLR 328 at [487] (Edelman J) (Brown). Displaying the 3 most recent projects from 3 for Jason Varuhas. Smethurst v Commissioner of Police; News: 12 special leave grants in the COVID quarter; Moore v Scenic Tours Pty Ltd; News: The Court's national video connection; The Fluctuating Nature of a Partnership Interest: Commissioner of State Revenue v Rojoda Pty Ltd Smethurst v Police Commissioner - p2 - In May's Words June 6, 2020 Smethurst v Police Commissioner - p2 [2020] HCA 14. 29 May 2020. If you are human, leave this field blank. 20 Motorcycle Club Inc v Commissioner of Police (2008) 234 CLR 532, 553 [11] (Gummow, Hayne, Heydon and Kiefel JJ). ; A judicial challenge to a search warrant executed on the ABC headquarters in Sydney . Smethurst was the high profile case involving search warrants executed by the Australian Federal Police (AFP) on the home of an ABC journalist following the publication of articles written by her containing classified . What you need to know. Publication of reasons for judgment: Coughlan v The Queen [2020] HCA 15 . For four months I have woken up each morning knowing there is a possibility I could be arrested and . ; The Court refused (4:3) to grant either an injunction requiring the destruction or . In Smethurst v Commissioner of Police (2020) 376 ALR 575, the High Court of Australia unanimously held that the search warrant over Smethurst's property was invalid. BHP Billiton Limited (now named BHP Group Limited) v. Commissioner of Taxation 1 . Berry v CCL Secure Ltd; Is the Constitutional Injunction 'Ordinary'? Abstract. The Queen v. Guode . Leonard Casley (aka Prince Leonard of Hutt) was a wheat farmer. Constitutional law - Warrant - Validity of warrant - Form of relief - Implied freedom of political communication - Where members of Australian Federal Police executed search warrant issued under s 3E of Crimes Act 1914 (Cth) at residential premises of journalist - Where warrant . Low This article has been rated as Low-importance on the project's importance scale. Catchwords. He also notified the Queen. That is because personal privacy is recognised as one of the basic of human rights. But Smethurst v Commissioner of Police will not be remembered as the Entick v Carrington of our time. The Straw Man | A Barrister's Blog. Start This article has been rated as Start-Class on the project's quality scale. The University of Queensland's institutional repository, UQ eSpace, aims to create global visibility and accessibility of UQ's scholarly research. 5 . 15 April 2020. Smethurst v Commissioner of Police was a decision of the High Court of Australia. Smethurst v Commissioner of Police (an Australian High Court decision on whether information amounts to property) Law Commission, Digital Assets: Electronic Trade Documents (Consultation Paper 254, 2021) and the amended rules of the London Metal Exchange on immobilised and dematerialised warehouse warrants By deciding the case on narrow legal grounds, overlooking broader press freedom concerns and . In 1970 he was aggrieved by the wheat quotas allocated to his business. Smethurst v Commissioner of the Australian Federal Police; [2020] HCA 14 - Smethurst v Commissioner of the Australian Federal Police (15 April 2020); [2020] HCA 14 (15 April 2020) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ); 94 ALJR 502; 376 ALR 575; 280 A Crim R 356 In Smethurst v Commissioner [2020] HCA 14, the High Court considered the validity of a search warrant under which material . The widely publicised High Court decision of Smethurst v Commissioner of Police [2020] HCA 14 invalidating an Australian Federal Police search warrant issued on Sunday Telegraph journalist, Annika Smethurst, could have wider implications for statutory notices issued by state or federal regulatory authorities. In the recent judgment of Smethurst v Commissioner of Police [2020] HCA 14, the High Court unanimously ruled invalid the search warrant executed on the home of News Corp journalist Anika Smethurst - but only a minority of justices was prepared to order the return of items seized during the search. Smethurst v Commissioner of Police [2020] HCA 14: Case note Will Sharpe, Partner, HWL Ebsworth, summarises and comments on the Smethurst v Commissioner of Police decision, in which the High Court weighs up confidentiality, privacy and public interest considerations in refusing an order for destruction of material seized under warrant. Court: High Court of Australia: Full case name: Smethurst v Commissioner of Police: Decided: 15 April 2020: Citation(s) HCA 14: Case opinions: 4:3: where an unlawful search by police results in the seizure of government proprietary information, there does not exist a juridical basis (legally-protected right or interest) sufficient to ground an injunction compelling the return of that . In a controversial decision, which split the Court 4:3, the High Court refused to order the police . Mark Leeming, Justice of the Court of Appeal of the Supreme Court of New South Wales and Challis Lecturer in Equity at the University of Sydney Law School, has posted Lawyers' Uses of History, from Entick v Carrington to Smethurst v Commissioner of Police, published as (2020) 49 Australian Bar Review 199: Lawyers use history in different ways. Specifically, the warrant failed to properly identify and describe the offence under investigation (section 79(3) of the Crimes Act). June 6, 2020 Smethurst v Police Commissioner- p1 [2020] HCA 14. Published 10 December 2018 Explore the topic. Read the full decision in Mr B Smethurst v Commissioner of The Police of The Metropolis: 2202427/2018 - Withdrawal. [2020] HCA 14. The High Court in Smethurst v Commissioner of Police: were unanimous in their decision that a search warrant gained by the Australian Federal Police (AFP) in the notorious search and seizure of the Sunday Telegraph's journalist Annika Smethurst's home was invalid; andby a 4:3 majority, refused to grant injunctive relief to the journalist and NewsCorp, allowing the AFP to retain the . The first plaintiff, Ms Smethurst, was a journalist employed by Nationwide News Pty Ltd, the publisher of the Sunday Telegraph.On 4 June 2019, the Australian Federal Police (AFP) searched her residence. For discussion, see generally Rebecca Ananian-Welsh, ' Smethurst v Commissioner of Police and the Unlawful Seizure of Journalists' Private Information' (2020) 24(1) Media and Arts Law Review 60 ('Un-lawful Seizure'). 7 April 2020 Case Summary (Part 2) Relief follows on from the invalid Search Warrant The Plaintiffs (Ps) did not want the information under the invalid search warrant made available to the prosecuting authority. 10. Smethurst v Commissioner of Police [2020] HCA 14. Case Summary (Part 1) The Search Warrant. The widely publicised High Court decision of Smethurst v Commissioner of Police [2020] HCA 14 invalidating an Australian Federal Police search warrant issued on Sunday Telegraph journalist, Annika Smethurst, could have wider implications for statutory notices issued by state or federal regulatory authorities. The High Court of Australia unanimously held that the search warrant relied upon by the Australian Federal Police to enter and search the residence of journalist, Ms Annika Smethurst, was invalid. Smethurst v Commissioner of Police (an Australian High Court decision on whether information amounts to property) Law Commission, Digital Assets: Electronic Trade Documents (Consultation Paper 254, 2021) and the amended rules of the London Metal Exchange on immobilised and dematerialised warehouse warrants Date Written: May 19, 2020. Lawyers' Uses of History, from Entick v Carrington to Smethurst v Commissioner of Police (2020) 49 Australian Bar Review 199. Snapshot. In a controversial decision, which split the Court 4:3, the High Court refused to order the police to return . Next month the High Court is scheduled to hear a case titled Smethurst v Commissioner of Police. Thursday, 14 November 2019 4. This rendered the search an 10. Projects. 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