# Australia's High Court invalidates warrant for raid on journalist Annika Smethurst

Published 2026-09-22. Last reviewed 2026-09-22. 2 sources.

Status: reversed, as of 2026-09-22.

Australia's High Court ruled that the warrant the Australian Federal Police used to raid News Corp journalist Annika Smethurst's home over a national-security leak was invalid, and weeks later the AFP said it would not lay charges against her, citing insufficient evidence.[1]

- Country: [Australia](https://thewaronnews.com/countries/au) (RSF 2026 rank: 33rd of 180)
- Where: AU
- Level of government: National
- Tactic: Surveillance and subpoenas
- Stage: Punish (ladder: https://thewaronnews.com/ladders/surveillance_and_subpoenas#stage-punish)
- Head of government at the time: [Scott Morrison](https://thewaronnews.com/leaders/scott-morrison)
- Issue of the day: The 2019 raid stemmed from Smethurst's reporting on leaked, classified plans to expand the Australian Signals Directorate's domestic surveillance powers, which the government treated as a national-security leak investigation.
- Outcome: Reversed, May 27, 2020. The High Court found the 2019 warrant invalid but declined to order the AFP to return or destroy the material it had seized; weeks later the AFP announced it would not charge Smethurst.
- Era: The 2020s

## What happened

The Australian Federal Police had searched journalist Annika Smethurst's Canberra home in 2019 over her reporting on leaked documents describing plans to expand the Australian Signals Directorate's powers to monitor Australians domestically. Smethurst challenged the warrant, and on April 15, 2020, Australia's High Court unanimously ruled it invalid because it failed to properly specify the offense being investigated, though the court allowed police to keep the seized material for any future prosecution. On May 27, 2020, AFP Deputy Commissioner Ian McCartney announced the agency would not charge Smethurst, saying there was insufficient evidence to establish the path the leaked document had taken or who had provided it. The Media, Entertainment and Arts Alliance said the case showed how national-security laws could be misused against legitimate public-interest journalism, and the Law Council of Australia's president said the law still left journalists exposed to investigation and prosecution.[1][2][3][4]

## What reason was given

The AFP said its investigation could not establish, with sufficient evidence, how the leaked document had moved or who had provided it to Smethurst.[1][2][3][4]

## What changed for reporting

A journalist's home was searched and her devices seized over a story about government surveillance powers, and although the warrant was ultimately found invalid and no charges followed, press-freedom groups said the case showed reporters remained exposed to similar national-security investigations.[3]

## Timeline

- 2020-04-15: Australia's High Court invalidates warrant for raid on journalist Annika Smethurst

## Who acted

| Name | Role in this incident | Office at the time |
| --- | --- | --- |
| [Australian Federal Police](https://thewaronnews.com/actors/australian-federal-police) | enforced | National police force |
| [Scott Morrison](https://thewaronnews.com/actors/scott-morrison) | other | Prime Minister of Australia, 2018-2022 |

## Outlets and journalists

| Name | Kind | Relation |
| --- | --- | --- |
| [Annika Smethurst](https://thewaronnews.com/journalists/annika-smethurst) | journalist | affected |

## Sources

1. Charges against News Corp journalist Annika Smethurst still possible after High Court throws out AFP warrant. https://www.abc.net.au/news/2020-04-15/annika-smethurst-wins-afp-fight-high-court/12147706 (ABC News (Australia), 2020-04-15).
2. AFP won't charge journalist Annika Smethurst after probe of leaked documents. https://www.sbs.com.au/news/article/afp-wont-charge-journalist-annika-smethurst-after-probe-of-leaked-documents/dkd1qxw89 (SBS News, 2020-05-27).

## Claims cited

[1] The High Court found the search warrant used against Smethurst was invalid because it failed to specify the offense under investigation. Quote: "the warrant was invalid because it failed to specify the offence being investigated." Source: ABC News (Australia), 2020-04-15. Charges against News Corp journalist Annika Smethurst still possible after High Court throws out AFP warrant. https://www.abc.net.au/news/2020-04-15/annika-smethurst-wins-afp-fight-high-court/12147706 Claim: https://thewaronnews.com/claims/474, checked 2026-09-22.

[2] The AFP's deputy commissioner said there was insufficient evidence to establish the document's path or source. Quote: "There was insufficient evidence to show the path of the (leaked) document, where it came from, and who it went to." Source: SBS News, 2020-05-27. AFP won't charge journalist Annika Smethurst after probe of leaked documents. https://www.sbs.com.au/news/article/afp-wont-charge-journalist-annika-smethurst-after-probe-of-leaked-documents/dkd1qxw89 Claim: https://thewaronnews.com/claims/475, checked 2026-09-22.

[3] The journalists' union said the case showed how national-security laws could be misused against public-interest journalism. Quote: "It shows how Australia's national security laws are being misused in order to criminalise legitimate public interest journalism." Source: SBS News, 2020-05-27. AFP won't charge journalist Annika Smethurst after probe of leaked documents. https://www.sbs.com.au/news/article/afp-wont-charge-journalist-annika-smethurst-after-probe-of-leaked-documents/dkd1qxw89 Claim: https://thewaronnews.com/claims/476, checked 2026-09-22.

[4] The Law Council of Australia's president said the law continued to leave journalists exposed to investigation and prosecution. Quote: "The law continues to leave journalists and media organisations exposed to possible police investigation and prosecution." Source: SBS News, 2020-05-27. AFP won't charge journalist Annika Smethurst after probe of leaked documents. https://www.sbs.com.au/news/article/afp-wont-charge-journalist-annika-smethurst-after-probe-of-leaked-documents/dkd1qxw89 Claim: https://thewaronnews.com/claims/477, checked 2026-09-22.

Source page: https://thewaronnews.com/incidents/2020-australia-high-court-invalidates-smethurst-warrant. The War On News, CC BY 4.0.