Helicopter Resources Pty Ltd v Commonwealth of Australia [2019] FCAFC 25

FEDERAL COURT OF AUSTRALIA

Helicopter Resources Pty Ltd v Commonwealth of Australia [2019] FCAFC 25 Appeal from: Helicopter Resources Pty Ltd v Commonwealth of Australia (No 2) [2018] FCA 991

File number: NSD 1222 of 2018

Judges: RARES, MCKERRACHER AND ROBERTSON JJ

Date of judgment: 15 February 2019

Catchwords: ADMINISTRATIVE LAW – coronial inquest by the Chief Coroner of the Australian Capital Territory – where summary criminal proceedings brought by Comcare in the Magistrates Court of the Australian Capital Territory against the appellant and the Commonwealth of Australia under the Work Health and Safety Act 2011 (Cth) – where subpoena issued to an employee of the appellant, Captain Lomas, to give evidence at the hearing in the inquest – where overlap between the topics on which Commonwealth intends to cross-examine Captain Lomas and the subject matter of the criminal proceedings – where s 87(1)(b) of Evidence Act 1995 (ACT) provided that court must admit as an admission by a party a previous representation where it is reasonably open to find that when the representation was made the person making it was an employee of the party and the representation related to a matter within the scope of the person's employment – whether requiring employee to give evidence at inquest on matters relating to the criminal charge against the employer offends the accusatorial principle by disadvantaging the employer or advantaging co-accused – whether enforcement of subpoena interference with the administration of justice in the criminal proceedings CONSTITUTIONAL LAW – jurisdiction of the Federal Court of Australia to hear proceedings for judicial review of a decision of the Coroner's Court of the Australian Capital Territory in an inquest into the death of a person in the Australian Antarctic Territory – whether jurisdiction conferred either by s 39B(1A)(c) of the Judiciary Act 1903 (Cth) or by ss 5 and 8 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) or by the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) – whether any such jurisdiction excluded as "a matter in respect of which a criminal prosecution is instituted or any other criminal matter" or "a related criminal justice process decision"