CXXXVIII v Honourable Justice Richard Conway White [2020] FCAFC 75 (01 May 2020) (Wigney, Bromwich and Abraham JJ)


Catchwords:


JUDICIAL REVIEW – application for judicial review of a decision of the first respondent to issue an arrest warrant under s 31 of the Australian Crime Commission Act 2002 (Cth) (the Act) – where applicant claims that the arrest warrant is invalid – whether the first respondent had reasonable grounds to believe the applicant was likely to commit an offence against s 30(1)(b) of the Act – where applicant claims the second, third and fourth respondents failed to comply with their duty on an ex parte application to disclose all material facts – where applicant claims that the first respondent took into account evidence which was not on oath in deciding to issue the warrant such that the warrant was issued in breach of s 31(1) of the Act – interpretation of s 30(1)

CONSTITUTIONAL LAW – where applicant claims s 31 of the Act is invalid because it purports to confer a duty, power and/or function on judges of the Federal Court of Australia, acting as persona designata, which is incompatible with their commissions as judges of the Court and/or with the proper performance of their judicial functions as judges of the Court