BDR21 v Australian Broadcasting Corporation [2023] FCAFC 101

FEDERAL COURT OF AUSTRALIA

BDR21 v Australian Broadcasting Corporation [2023] FCAFC 101 File number: NSD 896 of 2021

Judgment of: RANGIAH, BROMWICH AND CHEESEMAN JJ

Date of judgment: 29 June 2023

Catchwords: PRACTICE AND PROCEDURE – Appeal from interlocutory orders to strike out parts of the appellant's amended statement of claim – where summary judgment was given in favour of the respondent in respect of the causes of action arising from those paragraphs – whether the primary judge erred in striking out the impugned paragraphs – whether the primary judge erred in giving summary judgment in respect of causes of action to which the impugned paragraphs relate – whether it is unlawful to present evidence related to disclosures of public interest in respect of proceedings in Parliament, as outlined in section 16(3) of the Parliamentary Privileges Act 1987 (Cth) (PP Act) – whether a conflict exists between s 16(3) of the PP Act and s 24 of the Public Interest Disclosure Act 2013 (Cth) (PID Act) – whether s 24 of the PID Act excludes the operation of s 16(3) of the PP Act – Held: appeal dismissed with no order as to costs; summary judgment order to be reformulated

Legislation: Constitution ss 49, 50, 51, 51(xxxvi), 51(xxxix), 128 Auditor-General Act 1997 (Cth) s 37(3) Evidence Act 1995 (Cth) Judiciary Act 1903 (Cth) s 78B Parliamentary Privileges Act 1987 (Cth) ss 5, 16(1), 16(2), 16(3) Public Interest Disclosure Act 2013 (Cth) Pt 2, Division 1, Subdivision B, ss 6(c), 10, 13, 13(1), 13(2), 14, 15, 16, 18, 21(2)(b), 24, 26, 26(1), 29, 80 Royal Commissions Act 1902 (Cth) Constitution Act 1867 (Qld) Acts Interpretation Act 1954–1977 (Qld) s 38(3) Criminal Justice Act 1989 (Qld) s 118ZA Parliamentary Papers Act 1992 (Qld) s 3 18 & 19 Vic. c. 55 (Imperial Act of Parliament) 1854 (Imp) s 35 Parliamentary Privileges Bill 1987 (Cth) item 3(c) Public Interest Disclosure Bill 2013 (Cth) cl 24 Explanatory Memorandum, Auditor-General Bill 1996 (Cth) Explanatory Memorandum, Parliamentary Privileges Bill 1987 (Cth) Bill of Rights 1688 (UK) Art 9