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Australia convention rightsgrounds illegality

Smethurst v Commissioner of Police

(2020) 272 CLR 177
JurisdictionAustralia
CourtHigh Court of Australia
Year2020
StatusBinding authority

Summary

Search warrant executed at journalist's home held invalid for technical defects; High Court considered scope of implied freedom of political communication but declined to quash the warrant on that basis.

Key Principle

search warrant; AFP raid on journalist's home; press freedom; implied freedom of political communication

Area of Law

criminal

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The High Court considered the Browne v Dunn rule and the appropriate jury directions when a party fails to cross-examine a witness on a matter it intends to contradict.

Lordianto v Commissioner of the Australian Federal Police (2019) 266 CLR 1

High Court considered forfeiture orders under the Proceeds of Crime Act 2002 (Cth) in the context of cuckoo smurfing money laundering schemes.

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