DCL22 v Sage [2022] FCAFC 196

FEDERAL COURT OF AUSTRALIA

DCL22 v Sage [2022] FCAFC 196 Appeal from: DCL22 v Sage [2022] FCA 1310

File number: VID 637 of 2022

Judgment of: ALLSOP CJ, WIGNEY AND BROMWICH JJ

Date of judgment: 7 December 2022

Catchwords: ADMINISTRATIVE LAW – application for judicial review of summons issued under s 28 of the Australian Crime Commission Act 2002 (Cth) PRACTICE AND PROCEDURE – public interest immunity – application for leave to appeal from orders of the primary judge that public interest immunity claims established – whether s 75(v) of the Constitution requires a judge considering a public interest immunity claim to review the material over which immunity is claimed and take into account in the balancing exercise the importance of judicial review of executive action – where submissions put on appeal were not put to the primary judge – where further evidence may be required – where no error shown in the primary judge's reasoning on the arguments and materials put at first instance – leave to appeal refused

Legislation: Constitution s 75(v) Administrative Decisions (Judicial Review) Act 1977 (Cth) Australian Crime Commission Act 2002 (Cth) s 28 Federal Court of Australia Act 1976 (Cth) subs 20(1A) Judiciary Act 1903 (Cth) s 39B

Cases cited: Avon Downs Pty Ltd v Federal Commission of Taxation (1949) 78 CLR 353 Graham v Minister for Immigration and Border Protection; Te Puia v Minister for Immigration and Border Protection [2017] HCA 33; 263 CLR 1 R v Connell; Ex parte Hetton Bellbird Collieries Ltd (1944) 69 CLR 407