GOVERNO
REPUBLICA DEMOCRÂTICA DE TIMOR-LESTE
9 January2014
H.E. Mr Philippe Couvreur
Registrar of the International Court of Justice
International Court of Justice
Peace Palace
Carnegieplein 2
2517 KJ The Hague
Sir,
In advance of the oral proceedings due to open on 20 January 2014, I enclose a set of
documents to which the Democratie Republic of Timor-Leste and its Counsel intend to refer.
Ambassador of Timor-Leste to the UK
Agent for Timor-Leste
Embassy of the Republica Democnitica de Timor-Leste
4 Cavendish Square
London
W1GOPGIN THE INTERNATIONAL COURT OF JUSTICE
BETWEEN:
DEMOCRATie REPUBLIC OF TIMOR-LESTE
Applicant
-and-
COMMONWEALTH OF AUSTRALIA
Respondent
DOCUMENTS SUBMITTED TO THE
COURT ON 9 JANUARY 2014 IN ADVANCE
OF THE HEARING ON 20-22 JANUARY 2014
DLA Piper UK LLP
3 Noble Street
London
EC2V7EE \u;;tra!ian Security
tntcHigence Organisation
:·h i$H> adv1se :--outhar the prem1ses at 5 Brockman Street. \iarrabundah. ACT
:::ou4 m c1Udmganv assocmted swrage aŒas. are Thesub_1ecorta search •..varram
<ssued pursuam to section 25 of the Ausrralwn Se(;unrv JnrelliS!,ence()rS!,amsation Acr
1
9'9 on 2 December 2013 ,:vhich 1s vaüd until1 March 2014. The warrant authonses
approved officers to enter and search the sub1ecl vremises torthe purpose of iinàing
relevarn records and other things. and to remove and retain forsuch time as is
reasonahle any records and other things so tound, for the purposes of inspection and
::xammation. and to make copies or transcripts.
fht: prenmt::s at 5 Brockma11Street. ~arrabun AdCaTh2.604. mcluding a.11:
assocJ.ated srorage areas. '-Verethe subtect of a search conducŒd on 3 December 2013
\s nccumer ot these premises. _vouma v '""isto contact ASIO on \800 020 648.
Snould '.ou nave a com.plamt :regardmg the manner m whlCh t11esearcn was
:onoucŒd. please comacnhe Office of (1-Jinsnector-Cieneral of Intelligence and
Securir. 1lGlSl on {Ü2l6271 5692 fph!: !D2l 627: 5696 !Iàxi; or mfoté4üüs.gov.au
.ema1l·
"'01 WARNING:
---,::..<;-::;}•·<"'~.......JH;tl":;a-'):;
~.:-·~A.1~·1~r-...·!-;;<
-~:1...•1Hrn1::...-1.,.·!.·t.tt"·: 201.EiizabethStreet
SydneyNSW2000
Aus!ralia
OX107Sydney
T+61 2 9286 8000
f+81 2 9283 4t44
W1/NJlN.dlapiper.com
Senator the Hon Gem·geBxandis QC
Attorney-Generaland Ministerfor theAlis
POBox6100 Om· reference
Senate GB/GB/3161557!!!37016
AUM!J205271357.2
ParliamentHouse
CANBERRA ACT 2600
ByHand and Email
Copyto:
Mr DavidInine
Director-Generalof Security
AustralianSecurityIntelligenceOrganisation
ASIOCentralOffice
GPOBox2176
CANBERRA ACT 2601
ByHand and Fax
(02) 6257 4501
l0 December2013
DearAttorney
GOVERNMENT OF THE DEMOCRATie REPUBLIC OF TlMOR-LESTE
EXECUTION OF ASIO SEARCH WAR.RANTS
We act on behalf of the Govermuent of the Democratie Republic of Timor-Leste
(Govermneut ofTimor-Leste).
We refer to the sea!'chwarrants executed by officers of the Australian Security
InteUlgenceOrganisation(ASIO) on or around3 December2013 at the pretnisesof
. Mr Bernat·dColiaery and a former ASlS officerto search and seize documents,data
and otherpropertywhichbelongsto the Governmentof Timot~L ans/ttwhichthe
Government of Timor-Leste bas the right to protect under international law
(Documents and Data).
For the reasons that follow, on behalfof the Govemmentof Timot~Le wsettqu,est
that the Attorney-General'sDepartmentforthwith, and in any event by no laterthan
5 pm Tb:ursday, l2 December 2913:
1.- provideus withcopiesofthe ASIOsearchwarrantsexecutedagainst the premises
of bothMr BernardCollaetyandthe formerASJSofficer;
DlAPiperAustrallofDLAart
varlouosepal'l!teanddistinctlegal
2. retum the originals of ali the Documentsand Data seized :fromthe premisesof entities.
both Ml"BernardCollaeryand the former ASISofficer together with a complete
A listof anregul~torya!ion
scheduleof the selzedDocuments and Data;and canbfomdatwww.dlaplper.com GB/AUMI120555.2~71a&T
Continu2tion
1.0Oecemr013
3. confirmthatit bas destroyedbeyondrecoveryany andali copiesof the seized
DocumentsandDatathathavealreadb~e made.
CopiesofASIO SertrcltWarrants
A$ tQ oql'flrst request,the ASIOsearchwarrantsapparentlypùrportto aùahorise
searchandseizureofmaterialsattheprenl.of ow·client'slegalrepresen(Mrive
Bernard Collae1y)and key witness (the former ASIS officer) in arbltration
ptoceedings currentlyon foot b«ween the Govenuneof Timor.; este and the
Governmentofthe Commonwealth ofAustraliaatTkeHague.
GiventhisapparenttaJ·getofom·cHent'slegalrepresentative,andkeywitness,our
clientwishesto considerwhetherthe DocumentsandDataremovedfromthesubject
premiseswete:
(i) lawfullyseîzed;
(ii) Docu,mentsndDatato whichmn ·lientisentitledto assertlegalprofessional
privil a~de;
(iii) Documentsa.ncD~t ourclienthastherightto protectunderinternationallaw
asa matterofStateinterest.
Accordingly.onbebalfof ourclient,wetequestthatyourofficeurgentlyptuside
withcopiesofthesearchwarrants. ·
If iisasserted(asweunderstandit wasassertedto the occupiersofthe pretnisesat
thetimeofexecution)thatcopiesof tse~n waCrntscannotbe pt·ovidbecause
the infonnatimtcontainedtheteinpertainsto mattersofnational security.werequest
tbatyourofficeprovicleuswithred,acopiesofthe seatchwmnnts.
In makingthis request,we make no concessionthat the wan'aritstbat purportto
authorisewl)atwouldotherwisebe:
(i) a trespass against the premisesof our client'slegal represeitstiveand
witness;and/or
(ii) a trespassagainstourclient'sDocuments.andDatabeldatthosepremises;
couldproperlybesubjecttoanyclaimofconfidentialityfromdisclosuretoourclient,
whetherfornationalsecurityor anyotherreason.
Ifyou 8$Serthat thoséa9tionswere authorisedby watrE tha~yot a.vparently
issu it sor youand thosewhoexecutedthewarrantsto producethatauthorityto
OUtclient. . GB/Giil/31il1$6.71837016
AUN/1.205271357.2
Condnuàlion3
10Decemb2013
Co~lPER
llet11rofDoc11ments
As to our reqtteststwo and three, as noted ,e DocumentsliPldData se-tzed
underthesearèhwarrantswill,inalllikelihood, includedocumentsthat aresubjectto
legalprofessionalprivilege. More, e DocwnentsandData arelikelyto include
material that thé Ooventment of Timor-Leste has thrightto protect under
internatiolawasam.atterofState interest
Acoordfuglyweask that yourettirrtthe origiailDocumentsànd Data seize(:l,
togetllerwith a scheduleof suchmaterialin arderfor our clientto propedyascertain
thenatureof theDoc\llllandDataseized.
We furtllerask that you destroybeyondrecoveryany cof thDocumentsand
Data that have àlready been made, pending the Govemment of Timor-Leste's
agreementon thehandlingofthe DocumentsandDatathat itis entitledto protect.
If it is asserted thatour elient does not have a right of returnto its Documentsand
Data(wllichwe deny),we ask,asa minimumthatyouroffice,forthwith(and inany
eventbythe ti:moutlineabove,i.e5pm Thu1·sday, ll December 2013): ·
(i) providtiSwitha séheduofthe seiz D~oe<umentasndData;and
(ii) sealtheseized Documentsand Data (and proviaeconfinnatinn tous in
relati.othe same)pendingànipspeotionofthe.materialuson behalfof
our clientascertainwhetherthe Documentsand Dataresubjectto legal
p!'ofessiol :ivile~,tn idclodt·at:erithat thGoverrtmentofTimor
Leste hathe right to protect under internationalamatter of State
interest.
We lookforwardto hearingfromyon.
Y ourssincerely
SCOTT MCDONALD GITANJALI BAJAJ
Partner Senior Ass.oèiate
DLA PIPER AUSTRALIA DLA PJPERAUSTRALIA
Pirect+61i 92861~31 Direc+61 29286 •44()
[email protected] [email protected], Caroline
From: Sekler,Irene <[email protected]>
Sent: 13 December201304:23
To: McDonald,Scott
Cc: Bajaj,Gitanjali
Subject: RE:Executionof ASIOsearchwarrantsmatter [SEC=UNCLASSIFIED]
DearMr McDonald
We refer to our emailto you yesterday(13December2013)of 4:44PM(set out below).We are instructedthatour client
requiresmoretimeto consideryour request.We proposeto respondas soonaswe are ableto do sonextweek.
Our client undertakesto take nosteps nowin relationto the seizedmaterialspendingan opportunityfor youto consider
ourforeshadowedresponse.
PI~=> do:'lsesitateto contactme in relationto the matter.
.~Jr sincerely
IreneSekler
Irene Sekler
Senior ExecutiveLawyer
AustralianGovernment Solicitor
T 02 6253 7155F 026253 7383M 0447130 813
[email protected]
Findout moreaboutAGS at http://www.ags.gov.au
AGS Canberra has moved to 4 National Circuit, Sarton (known as '4NC').
Important:This messagemaycontainconfidentialor legallyprivilegedinformation.If youthink it wassentto you by
mistake,pleasedeJeteali copiesand advisethe sender.Forthe purposesof the SpamAct2003, thisemailisauthorised
byAGS.
From: Sekler,Irene
Sent: Thursday,December12, 20134:44 PM
To: '[email protected]'
Cc:'[email protected]'
Subject: Executionof ASIOsearchwarrantsmatter [SEC=UNCLASSIFIED]
Dear MrMcDonald,
We act for the CommonwealthofAustralia.We referto your letterof 10December2013to theAttorney-General,
alsocopiedto the Director-Generalof Security.Your letterrequesteda responseby 5pmtoday(12 December
2013).
We are instructedthat the Commonwealthanticipatesit will be in a positionto respondto yourletterby5pm 13
December2013.
Pleasedon'thesitateto contactmein relationto the matter.
Yours sincerely,
IreneSekler
1 Irene Sekler
Senior Executive Lawyer
Australian Govemment Solicitor
T 02 6253 7155 F 02 6253 7383 M 0447130 813
[email protected]
Find out more about AGS at http://www.ags.gov.au
AGS Canberra has moved to 4 National Circuit, Barton (known as '4NC').
Important: This message may contain confidential or legally privileged information. If you think it was sent to you
by mistake, please delete ali copies and advise the sender. For the purposes of the Spam Act 2003, this email is
authorised by AGS.
Please note: AGS offices will be closed from COB 24 December 2013 until 2 January 2014. If you need advice or
assistance during that time, please contact 0409 320 713 until27 December,then 0407 464 028 until2 J::2nuary:
2 DLA PIPER AUSTRALIA
FILE NOTE
CLIENT Government of the Democratie Republic of Timor-Leste (3161557)
MATTER Strategy in relation to Timor Sea (837016)
DATE 13 December 2013
REF & FILE NO: GB/GB/3161557/837016/AUMJ1205316722.1
CaHwith Irene Sekler (IS) from AGS at 4:15pm on 13 December 2013
I called IS in relation to the email on behalf of the Commonwealth received at 3.23 pm today.
I asked IS to clarify the sentence "[o]ur client undertakes to take no steps now in relation to the seized
materials pending an opportunity for you to consider our foreshadowed response", in particular, what
was meant by the Commonwealth taking "no steps".
IS clarified that this meant their side was putting its pens clownand that the Commonwealth will not
do anything to inspect the.seized documents until we have their response.
I askedIS where and how the documents were being held - whether they had been sealed or put in a
safe etc.
IS said that she did not know the exact state of the documents. Ali her instructions were that the
Commonwealth had ceased to do anything with the documents. She said that they were physically
located in the ASIO office in Canbena, but she appreciates that does not narrow it clownor answer my
query.
I asked IS whether we could be given a date as to when we could expect the response next week. IS
stated that she had originally tried to get instructions in relation to an exact date but that did not prove
possible, so it would be unwise for her to give me a confinned date.
Called ended 4:25 pm.
Gitan.jali Bajaj
Senior Associate
T +61 2 9286 8440 the /eading/awyersto government
AustralicmGovemmentSoficitor
Ourref.13209380 4 National Circuit BartonACTz6oo
LockedBag7246CanberraMail CentreAIT 2610
16 December 2013 T0262537000 DX5678Canberra
www.ags.gov.au
Canberra
Mr Scott McDonald Sydney
Partner Melbourne
Brisbane
DLA Piper Perth
level38 Adelaide
Darwin
201 Elizabeth Street
Sydney NSVV 2000
Email: [email protected]
Dear Mr McDonald
Execution of ASIO search warrants
1. We act for the Commonwealth of Australia. VVeare instructed to respond to your
letter of 10 December 2013 to the Attorney-General, aIso copied to the Director
General of Security.
The Seized Material
2. Your letter relates to intelligence collection warrants issued under s 25 of the
Australian Security Intelligence Organisation Act 1979 (ASIO Act) and executed last
week at the offices of Mr Bernard Collaery and the premises of another
persan. Pursuant to the warrants, material was seized from both premises. Certain
items have since been returned to the owners/occupiers. The remainder is held by
the Australian Security Intelligence Organisation (ASlO). This material is referred to
below as the Seized Material.
Your requests
3. Your client seeks the return of the Seized Material. The material was not seized
from your client and your client has pointed to no legal entitlement which would
warrant such return. ASIO considers that the Seized Material is likely to be relevant
to the intelligence issues in respect of which it was seized. ln the circumstances, our
client does not agree to return the Seized Material to the occupiers of the premises
or to deliver it to your office.
4. Your client seeks a schedule of the Seized Material. Such schedules were prepared
in the form of property seizure records completed at the time of execution of the
warrants. Copies of those property seizure records were provided for the occupiers
of the premises. Your client may request copies from those occupiers (if it has not
already done so). ln view of your advice that the occupiers were your client's legal
representative and a witness, they may be happy to provide those records to your
office (again, if they have not already done so). ln the circumstances the
A2711227 AustralianGovernmentSolicitor
Commonwealth will not separately provide you with a schedule of material seized
from premises not occupied by your client.
s. Finally, your client seeks copies of the search warrants. The warrants were
available to, and inspected by, parsons present at the premises at the time of each
search. Section 25 of the ASIO Act does not require that copies be provided and it
is notASIO's practice to do so. Again, your client is free to communicate with the
occupiers of the premises regarding the warrants.
Nextsteps
6. Your letter suggests that your client wishes to consider its position in relation to legal
professional privilege. No such claim has been made to date. The Commonwealth
· does not accept that such privilege is available in relation to the Seized Material.
7. Nonetheless, our client is prepared to take no steps now in relation to the Seized
Material for a short period to enable your client to take action to enforce any relevant
legal rights it believes it may have.
8. If your client wishes to make a claim in respect of any of the Seized Material, by no
later than 5:30pm on Thursday 19 December 2013, provide us with:
a. details of the material over which each such a claim is made;
b. details of the basis for each such claim; and
c. any draft proposed application or pleading.
9. Failing this, our client will take such steps as it considers appropriate in relation to
the Seized Material without further notice.
1o. lt would be inappropriate in the circumstances for any proceedings to be
commenced on an ex parte basis.
11. We are instructed to advise that the Seized Material has not been, and will not be,
inspected by any Commonwealth officers who are to be involved in the proceedings
brought by your client in The Hague.
12. Please don't hesitate to contact the writer in relation to the matter.
Yours sincerely
Irene Sekler
Senior Executive Lawyer
T 02 6253 7155 F 02 6253 7383
M 0447 130 813
Execution of ASIO search warrants
16 December2013 Page2
A2711227 DLA Piper Australla
201ElizabethStreet
SydneyNSW200(1
Australia
T +612 92368000
F+G12 92834144
wwww.dl<~pipeuom
~ irene Sekler Your reference
S~ni Exe:cutivLa:wyer
AustralianGovernmentSolicitor
Our reference
4 NationalCircuitBartonACT2600 SMD/Gil/3161557/&37016
DX:5678Canberra AUM/1205347508.1
18 Decemher2013
By .EmailOnly: [email protected]
DearMsSekler
GOVERNMENT OF TBEDEMOCRATIC REPUBLIC OF TIMOR-LESTE
EXECutiON OF ASIO SÈARCHWARRANTS
Werefertoyourletterdated16December 2013.
1. We note that your client refuses to provideus with c<ofith~ search
warrants.
2. We fut'thernoteyourrefusaita providethisfum withcopiesofthe property
seizuret•ecorcompletedatthetimeoftheexecutionof thewarrants.
3. Y ou have failedto addressout·requestsfor the t·etumof the origîalisof
the Documentsand Dataseizedandto confirmthatyourclientbasdestroyed
beyondrecoveryany and all c(}piesof the seizedDocumentsandDatathat
havealreadybeeninade.
4. In these circumstancesout client'sAgent,AmbassadoFon~e bcs.on 17
December 2013,submittedanapplicationtthe RegiStrarfthelrtt~mationa:l
CourtofJusticefortheinitiati·fproceedlngsagainstyourclientandmade
an urgentreqttestthatthe Courtindicateptovisionalmeasuresto preitsve
rightunderintemationallaw,pendingdete11ninatioofthe issuesta.isedby
theappiication.
5. Copiesofboth the ApplicationinitiatingproceedingsandtheRequestforthe
indicationr provisionalmeasnresarenclo as·emdatterof pt'ofessional
courtesy.
DLPlpAtstra1paofOtA
Piper,agkibellawllim,cperllllng!hrough
entilies.s$11pi!fataend distinctlaQàt
Alis!.oan!dreguln.formallon
canfouatwww.d1~1per.l;om SM0/GB/31$1s.ii7Al3701ti
ÀIJCCIIllinuatlo2n
18Dece2r>13
6. Pleaseconfirmthat yourwilcontinuetotakenostepsinrelationtothe
SeizedMaterlal,pendingthe l'esolutionof this matter by the International
CourtofJustice. ·· ·
Y ourssincerely
~(]~ #?~"~~
S.COTTMCDONALD GlTANJALI.BAJAJ
Partner Senior Associate
DLAPIPER AUSTRALIA DLAPIPER AUSTRALIA
I>kect+61292&68331 Direc+612 92168440
[email protected] [email protected] theleadinglawyerstogovemment
Ourref.13209380 AustrallanGovemmentSolicltor
4 NationalCircuitSarto26oo
LockeBag7246CanberrMailCentreAcr 2610
19 December 2013 T0262537000 DX5678Canberra
www.ags.gov.au
Canberra
Mr Scott McDonald Sydney
Melboume
Partner Brisbane
DLA Piper Perth
Level38 Adelaide
Hobart
201 Elizabeth Street Darwin
Sydney NSVV 2000
Email: [email protected]
Dear Mr McDonald
Execution of ASIO search warrants
1. VVerefer to your latter of 18 December 2013 in which you provided, as a courtesy, a
copy of documents submitted to the International Court of Justice on 17 December
2013.
2. VVeare instructed that the President of the International Court of Justice has since
indicated that your client's request for the indication provisional measures will be
heard in the period 20-22 January 2014.
3. Our client is considering its position in relation to the Seized Material in light of the
proceedings in the International Court of Justice and will take no steps in relation to
the Seized Material whilst that consideration is taking place.
4. If your client proposes to make any claim under domestic law with respect to any of
the Seized Material it should do so in the mannar set out in paragraph 8 of our latter
of 16 December 2013, but by no later than 5:30pm on Friday, 20 December 2013.
You should not expect that our client will extend further opportunity to make any
claim.
5. Please do not hesitate to contact the writer in relation to the matter.
Yours sincerely
Irene Sekler
SeniorExecutiveLawyer
T 0262537155 F 0262537383
M0447130813
[email protected]
A2711227 201Elizastreetlîa
Sydney&w2ooo
Austraoa
[DLA,IPER PX1l>7Sydney
T +61D2Bflttfl0
Wwww;dfapl~.œm4
M$ Irene Seld~r Your r~ference
SeniorExecutiveLawyer
AustratianGovernmentSolicitor Our reter~nce
4NationalCircuitBartonACT2600
GB/GB/3161557/337016
DX:5678Canberra AUM/1205383432.1
21Decernber2013·
By Email Only: [email protected]
DearMsSekler
GOVERN'MEN OFTTHE DEMOCRATie REPUBLIC OF TIMO~LESTE
EXECUTION OFASIO SEARCH WARRANTS
We referto yout letterdated19Decern\ler2013,
t. It appearsthat you are advising.ustbat if our clientdoesnot makea claim
undet domesticlawforfhematerialseizedundertheASIOsearchwattants:
1.1 inthemannersetoutbyyourcHent;and
1.2 withinthe timesetbyyourclient
ourclientlosesitsentitlementtoanysuchclaim.
2. On 10December2()13,we wrot~::requesting:
2.1 ·copiesof theASIOsearohwarrants,or, ifmoreappropriate,redacted
®piesof thestüne; ·
2.2 ascheduleofthe seizedmaterial,;
.23 retuniof the originalsofthe seizedmaterial(or, at,tleastan
opportunity inspectthesame);and
~.4 aCônfinnationthatallcopiesofthe seizl ateriàl 'e~troyed.
3. On 13 December2013, by email,you ask.edfor moretimetorespondtothe
request,aibeitwithout;iving adè.fdate.
4. On 16D.ecember2013; yourespondedessentiallyrefusingtoprovide:
4.1 copiesofthes~ar can•ants;
copiesoftheptopertyseizurerecords;and
4.2
@LPlp~s!raÎll!lfDLA
4;3 the retumof the origjmdsanddestructionofthe copiesofthè seize'~•lep.!eanchlsgllfllleg!11 ·
materlal,insteastati inn~co;rre tattlur~client has pointed to\1111ibèS.
1Rst~~~.anrd~.uÙlQ'11ition
nolegalentltle111nlitiwould warrants(Jcreturn". Œnbèfoundatwww:.rrnip GB/GB/3161o57/8:î701!l
AUMf12053834.32.1
Conlinuaiicm2
21Deicembr013
5. Your 16 December letter went on to outline (in paragraph8)themauner in
which our client should next ptoceed with its claim, so far as advising our
clientthat iit Wishesto make a claim in respect ofthe Seizedllfaterial, then
by no laterthem5:30pmonThursday 19December 2013 pr1vide [you] ·with:
a. detailsof thematerial over ·whicheachsuch claim ismade;
b. details <?fthebasisfor each such claim; and
c. any draftproposedapplicationorpleading."
6. We responded on 18 December 2013 noting your client'srefusai and
providhig yon with copies of our cHent'sApplication to the International
Comt ofJustice.
7. In your latest letter 19 Decembet 2013, you again &ppearto be advising
ourclienthow itshould,andindeedcan,nmitsclaim. In particular,we note
paragraph4ofyour letteinwhichyou state:
"lfyour clientproposestomakeanyclaimunderdomesticlaw·withrespectto
anyofthe SeizedMaterial itshoulddoso inthemannerset outinparagraph
8 qfourlett;;rof 16December 2013, but no laterthan 5:30pm onFriday, 20
December 2013. You s!wuld not expect tlwt om·client wile).1emljiertlŒr
opporilmityttJmake anyclaim."[ourem.phasis]
As to a11yclaimunder domesticlaw,our clienreserves its rights,lt is clear that our
c,lienthas given your client the opportunityto return the seized materia!,or, at the
very leas afford m.n:client the opportunityto inspect it such that it can properly
ascertainthe natureofthe materialseized. Yourclienthas refused to doso.
In the circumstances,our client has now initiatedseparateproceedingsagainstyour
client ithe IntemationalCourtofJustice.
Please ca11usifyou haveanyqueriesorwishto discl!ss.
Y ourssillcerely
SCOTT MCDONALD GITANJALI BAJAJ
Pa1iner SeltÎOIAssodate
DLA PIPER AUSTRALIA DLA PIPER AUSTRALIA
Direct +61292868331 Direct+612 92868440
[email protected] [email protected] the leadinglawyersto government
Ourref. 13209380
AustvalicmGovemmentSolicitor
LockedBag7246CanberraMailCentreACT261000
24 December 2013 T0262537000 DX5678Canberra
www.ags.gov.au
Canberra
Sydney
Mr Scott McDonald Melbourne
Brisbane
Partner Perth
DLA Piper Hobartde
Level38 Darwin
201 Elizabeth Street
Sydney NSW 2000
Email: [email protected]
Dear Mr McDonald
Execution of ASIO search warrants
No steps to be taken in relation to the material seized from the premises of
MrCollaery
1. We refer to the request of the President of the nternational Court of Justice made
on 18 December 2013 that the Commonwealth refrain from any act which might
cause prejudice to the rights claimed by the Democratie Republic of Timor-Leste in
the proceedings it has commenced before the International Court of Justice.
2. The Commonwealth will take no steps in relation to the material which îsthe subject
of those proceedings, (namely, the material seized from Mr Collaery's premises on
3 December 2013) until the International Court of Justice has heard the request for
provisional measures on 20-22 January 2014. Specifically, unless necessary to
comply with the requirements of the International Court of Justice, the material
seized from Mr Collaery's premises will not be accessed, used or inspected by ASIO
prior to 22 January 2013. ASIO will also ensure that it is not communicated to,
inspected or accessed by any other persan prior to that time.
3. ln addition, as we have previously noted, the material seîzed from Mr Collaery's
premises has not been and will not be communicated in any way to any persan
conducting the Arbitration under the Timor Sea Treaty on behalf of the
Commonwealth. The Attorney-General has given directions to ASIO and an
undertaking to the Arbitral Tribunal to this effect.
Any domestic law claim in relation to the material seized from Mr Collaery's premises
4. We refer to your letter dated 21 December 2013. The material seized from
Mr Collaery's premises was explicitly identified in the property seizure record
provided ta his staff for him. He was the appropriate recipient ofthat record as he,
not the Government of Timor-Leste, was the occupier of the premises. Given his
knowledge of bath the property seizure record and his knowledge of contents of the
A2748719 AustralicGovemmentSolicitor
information held by him, he would be in a position to make informed judgments
about the content of anything seized. The Government of Timor-Leste has therefore
been weil placed to obtain from its legal representatives information and advice to
identify any claim it may have. You have not suggested any reason why your client
has been unable to inform itself in this way. ln the cîrcumstances, our client rejects
the complaint that it has not provided you with particular information or opportunities.
5. The Government of Timor-Leste has had ample opportunity to commence domestic
proceedîngs to make any claims it wishes to make and has not done so despite 20
days having passed since the execution of the warrant on 3 December 2013. If it
does intend to make any claim under domestic law it should do so weil prior to 22
January 2014.
Material seized from the premises of the other person
6. Your client has had ample opportunity to make any claim it wished over material
seized from the premises of the other person on 3 December 2013. Your client was
asked to make any such claim by 5:30pm on 19 December 2013, extended to
5:30pm on 20 December 2013. As no claim has been made, our client will from 28
December 2013 take such steps as it considers appropriate in relation to materials
seized from that person's premises (as was foreshadowed in our letter of 16
December 2013).
7. Please do not hesitate to contact the writer in relation to the matter.
Yours sincerely
Irene Se!der
Senior Executive Lawyer
T 02 6253 7155 F 02 6253 7383
M 0447 130 813
Execution of ASIO search warrants
24 December 2013 Page2
A2748719 PLAPipeAu~itralia
ZG1ElizabethStreet
SydneyNS\t\12000
1\l)i\lfi!ilia
!PX107Sydney
T +51 2 92il6 8000
!'>612 921!34144
W www.dlaplj'er.oom
trisIrene Selder Yomr reference
Senior Executive Lawyer
Australian Govemment Solicitor Our ;reference
4 National Circuit Barton ACT 2600 GB/GB/3161.557/837016
DX: 5678 Canben·a AUM/l2054002ll3..1
2 January 2014
By Email Only: i:[email protected]
Dear Ms Sekler
GOVERNMENT OF THE DEMOCRATie REPUBLIC OF TIMOR-LESTE
EXECUTION OF ASIO SEARCH WARRANTS
We refer to your letter dated 24 December 2013.
We note that your client's undertaking in paràgtaph 2 is expressed to làst until the ICJ
hearing on 20-22 Januruy ~014 n accordance with theusual practicehoweve the ~
ICJ's Provisional Measures Order is likely to be issued not on 22 January but
sometime thereafter. Accordillgly, please confinn that the undertawmngremain in
place at leastuntil the ICJ Orderis made.
We also note your repeated references to the as;>ertionof our client's claims through
the Australian courts. For the avoidance of doubt, we wish to make it clear that the
daims of Tin10r-Leste against AustraHa, tllat are the~ubje ofctte proceedings
instituted at the ICJ, are ciaimsTimo Lreste under international law. TI1ereis no
require:rnent uoder international law Timor~Le a sovetign State, first subject
itself to AustraUan domestic processes before :raising sücb daims at the international
level.
Asto any recourse that Timor-Leste may separately have to the Australian courts,
your client has no legal right to impose an arbitrary time bar on our client.
Y ours sincerely
"'JJ;l
t"f SCOTT MCDONALD GITANJALI BAJAJ
Partner Seniox·Assoeiate
DLA PIPER AUSTRALIA DLA PIPERAUSTRALlA
Dir!'lct+6129286&331 Direct+612 92g68440
[email protected] [email protected]
PLA Pl;>$rAu:SpoofDl.Ailsll
vali~s~ral!loddileQ!ilugh
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Documents submitted by Timor-Leste