FEDERAL COURT OF AUSTRALIA

JMA Accounting Pty Ltd & Entrepreneur Services Pty Ltd v Carmody

[2004] FCA 896

JMA ACCOUNTING PTY LTD AND ENTREPRENEUR SERVICES PTY LTD v MICHAEL CARMODY COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA; KEVIN FITZPATRICK, FIRST ASSISTANT COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA; GREG DALY, NATHAN PAIN, EMPLOYEES OF THE AUSTRALIAN PUBLIC SERVICE; COLIN O’GORMAN, WILLIAM CARPENTER, NOEL DEVAR, KATE FIREY, COLIN O’GORMAN, ANTONIO GALLIOSTRO, CHRISTIAN BERNAT EMPLOYEES OF THE AUSTRALIAN PUBLIC SERVICE

Q 81 OF 2004

DOWSETT J

9 JULY 2004

BRISBANE

1. THE COURT DECLARES THAT:

(a) The conduct of the first respondent by, his servants or agents, in excluding the applicants, by their servants or agents, from having access to premises at levels 2 and 6, 360 Queen Street Brisbane and Compton Road, Sunnybank Hills on 5 and 6 May 2004 was unlawful.

(b) The first respondent is entitled, as against the applicants, to possession of the copies of documents made by his servants or agents at the said premises on 5 and 6 May, 2004 subject to any valid claim to legal professional privilege, such claim to be made, verified by affidavit, on or before midday on 16 July 2004.

2. The first respondent undertakes by his counsel not to seek delivery of the said documents until 4.00 pm on 16 July 2004.

3. These orders are stayed until 4.00 pm on 14 July 2004 upon the applicants, by their counsel, undertaking:

·                 to file any notice of appeal on or before 4.00 pm on Tuesday 13 July 2004; and

·                 to apply to Spender J, not later than 4.00 pm on Wednesday 14 July, 2004 for the listing of such appeal for hearing at the August sittings of the Full Court in Brisbane.

4 No order as to costs.

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