AFP officers leave the ABC Sydney building on June 5.Credit:Wolter Peeters
Managing director David Anderson confirmed in a statement on Monday that the ABC had “lodged an application in the Federal Court of Australia to set aside the warrant ... and to demand the return of seized files”.
It does not expect the case to be heard until late July or early August. In the meantime,the AFP has given an undertaking not to access the files seized during the raid - currently being held in sealed envelopes - until the proceedings are finalised.
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“The ABC is asking the court for a declaration that the warrant was invalid on several technical grounds that underline the fundamental importance of investigative journalism and protection of confidential sources,” Mr Anderson said.
“We are also challenging the constitutional validity of the warrant on the basis that it hinders our implied freedom of political communication.”
He said the ABC was “also seeking a permanent injunction to prevent the AFP accessing the material seized and to return it to us immediately”.
News Corp is expected to launch its own court challenge to the search warrant authorising theJune 4 AFP raid on journalist Annika Smethurst’s Canberra home.