CRIMINAL LAW - practice and procedure - search warrants - where Court has determined that unlawfully seized electronic devices should be returned but Commissioner should be allowed to determine whether data on devices falls within the scope of the search warrants - Crimes Act 1914 (Cth), ss 3ZQU and 3ZQX - whether the Commissioner should be required to return the data if it is no longer required for any prosecution, or whether he should be permitted to retain it for any of the purposes in s 3ZQU - whether s 3ZQU can apply to material unlawfully seized where the Court has exercised its discretion to allow the material to be retained
PRACTICE AND PROCEDURE - pleading - whether it is appropriate to order that both the originating application be "otherwise dismissed" in circumstances where points of claim raised allegations not the subject of the originating application
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