Scholarly Contribution to Database/Website

Is the Constitutional Injunction ‘Ordinary’? Smethurst v Commissioner of Police

Jason Varuhas

Published : 2020


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. In a controversial decision, which split the Court 4:3, the High Court refused to order the police to return or destroy the data.

University of Melbourne Researchers