05:11

In Melbourne there has been a hearing into the AFP raid of the Australian Workers Union headquarters.

Basically, the federal court has agreed to delay the union’s challenge because of a public interest immunity claim over key documents including three confidential AFP affidavits related to the raids. The court heard the AFP investigation into the leak of the raids to the media was still three or fours months from completion.

The union is particularly encouraged because Justice Anthony North seemed to suggest the documents are probative – which could help it challenge the legality of the raid after the claim is lifted.

Justice North:

The AFP claims public interest immunity on the basis that release of the documents to the applicant would prejudice the ongoing investigation. I am satisfied from looking at the documents that that claim is made out on the material. I am also satisfied from the material that there is a real likelihood that the information contained in the redacted portion of the documents might assist the applicant in the establishment of its claim that the decision of the first respondent to conduct its investigation was done for an improper purpose, as pleaded. It would be therefore a disadvantage and unfairness if the applicant were forced to trial without having access to the documents.”

(Update, the AWU have also responded)

Daniel Walton, AWU National Secretary: