A subpoena seeking documents from the Attorney-General's Department to support an abuse of process claim based on alleged irregularities in a foreign extradition process will be set aside as a fishing expedition where the applicant has no evidence of impropriety by Australian officials and relies only on speculative inferences. Matters of speciality and double criminality as applied by foreign courts are for those courts to determine. Section 42 of the Extradition Act 1988 (Cth) is directed to Australian courts and does not generally involve inquiry into Australian officials' knowledge of or involvement in foreign extradition processes.
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