Punch v Council of the NSW Bar Association

[2007] NSWCA 93

NSW Court of Appeal

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Interrogate

Catchwords

1. Evidence
2. › Admissibility
3. › Evidence unlawfully or irregularly obtained
4. › Evidence obtained pursuant to warrant
5. › Listening device evidence
6. › Whether statutory permission to use evidence in criminal proceedings implies prohibition on use in civil proceedings
7. › Listening Devices Act 1984 (NSW), s 14
1. Statutes
2. › Interpretation
3. › Permissive provision
4. › Expressio unius est exclusio alterius
5. › Whether permission to do something in criminal proceedings is a prohibition on doing it in civil proceedings
6. › Listening Devices Act 1984 (NSW), s 14
1. Appeal
2. › Leave to appeal
3. › Interlocutory decision
4. › Administrative Decisions Tribunal
5. › Whether interlocutory ruling on admissibility of evidence constitutes appealable decision
6. › Legal Profession Act 1987 (NSW), s 171F

Quick Take

Section 14 of the Listening Devices Act 1984 (NSW), which permits the giving of evidence obtained inadvertently pursuant to a warrant in criminal proceedings, does not implicitly prohibit the use of such evidence in civil proceedings including disciplinary proceedings. The admissibility of such evidence in civil proceedings falls to be determined under the general law and the Evidence Act 1995 (NSW), not the Listening Devices Act. The meaning of 'inadvertently or unexpectedly' in s 14(1) may require a more detailed factual inquiry than simply asking whether the evidence relates to an offence other than that specified in the warrant, though this question was left open.