Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
O'Sullivan v Parkin [2008] FCAFC 134
PRACTICE AND PROCEDURE – Discovery – "Fishing" – What constitutes – Whether evidence supporting cause of action necessary – Whether joined issue defined by pleadings sufficient – Significance of nature of challenge to administrative decision. PRACTICE AND PROCEDURE – Discovery – Proceeding related to matters of national security – Whether different approach to discovery required – Balance of national interest with public interest in administration of civil justice – Distinction between discovery and inspection – Whether interests of national security more appropriately taken into account at point of inspection.
Australian Security Intelligence Organisation Act 1979 (Cth) Evidence Act 1995 (Cth) Judiciary Act 1903 (Cth) Adam P. Brown Male Fashions Pty Ltd v Phillip Morris (1981) 148 CLR 170 Australian Securities Commission v Somerville (1994) 51 FCR 38 Carmody v MacKellar (1996) 68 FCR 265 Church of Scientology Inc v Woodward (1982) 154 CLR 25 House v R (1936) 55 CLR 499 Jilani v Wilhelm (2005) 148 FCR 255 Leghaei v Director-General of Security [2007] FCAFC 37 Lloyd v Costigan (No 2) (1983) 82 FLR 104 Minister for Immigration and Multicultural and Indigenous Affairs v Wong [2002] FCAFC 327 R v Lewes Justices; ex parte Home Secretary [1973] AC 388 Treasurer of the Commonwealth of Australia v Canwest Global Communications Corp [1997] FCA 578 WA Pines Pty Ltd v Bannerman (1980) 41 FLR 175 PAUL O'SULLIVAN SUED IN HIS CAPACITY AS DIRECTOR-GENERAL OF SECURITY v THOMAS SCOTT PARKIN, MOHAMMED YUSSEF SAGAR AND MUHAMMAD FAISAL VID 1157 OF 2007
RYAN, NORTH & JESSUP JJ
18 JULY 2008
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1157 OF 2007
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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