Carrigan v Honourable Senator Michaelia Cash [2017] FCAFC 86

FEDERAL COURT OF AUSTRALIA

Carrigan v Honourable Senator Michaelia Cash [2017] FCAFC 86 Appeal from: Application for leave to appeal: Carrigan v Honourable Senator Michaelia Cash [2016] FCA 1466

File number: NTD 63 of 2016

Judges: DOWSETT, BESANKO AND ROBERTSON JJ

Date of judgment: 31 May 2017

Catchwords: CONSTITUTIONAL LAW – originating application for judicial review of a report provided to the Minister of Employment – redacted copy of report tabled in Parliament – whether conduct of the author of the report and the Minister constituted "acts done in the course of, or for purposes of or incidental to, the transacting of the business of a House [of the Australian Parliament]" within s 16(2) of the Parliamentary Privileges Act 1987 (Cth) – whether the report was prepared "for purposes of or incidental to the transacting of any [business of a House of the Australian Parliament]" within s 16(2)(c) of that Act PRACTICE AND PROCEDURE – appeal from orders of primary judge striking out statement of claim and entering summary judgment for the respondents – originating application for judicial review of a report provided to the Minister of Employment – redacted copy of report tabled in Parliament – whether conduct of the author of the report and the Minister constituted "acts done in the course of, or for purposes of or incidental to, the transacting of the business of a House [of the Australian Parliament]" within s 16(2) of the Parliamentary Privileges Act 1987 (Cth) – whether the report was prepared "for purposes of or incidental to the transacting of any [business of a House of the Australian Parliament]" within s 16(2)(c) of that Act