Arnold v The State of Queensland [1987] FCA 223

CATCHWORDS

FREEDOM OF INFORMATION - Commonwealth State relations - Documents containing information supplied by State officers to Commonwealth officers upon the assumption that this information would be kept

confidential - Claim that disclosure could reasonably be expected

to cause damage to relations between Commonwealth and that State - Whether there was evidence before Administrative Appeals Tribunal to support finding of potential damage - Finding that disclosure would not, om balance, be in the public interest - Whether misdirection by Tribunal in requiring "exceptional" circumstances to justify finding that disclosure would, on balance, be in the

public interest.

PRACTICE AND PROCEDURE - Appeal from Administrative Appeals Tribunal - Leave granted by Tribunal to join as a party an unincorporated association - No specificating representative of association - Competence of appeal in name of association -

Application for amendment to add name of representative party. Security for costs - Relevance of nature of proceedings and timing of application.

Circumstances warranting exercise of discretion regarding

costs of proceedings so as to deny successful respond

for costs.

FEDERAL COURT AUSTRALIA

PRINCIPAI 4 PEGISTAY

Acts Interpretation Act 1901 s.22 Se TT

Federal Court Rules 0.4 R.4, 0.53 R.8

JANE SUZANNE ARNOLD on behalf of AUSTRALIANS FOR ANIMALS v

THE STATE OF QUEENSLAND and THE AUSTRALIAN NATIONAL PARKS AND WILDLIFE SERVICE No. NSW G 395 of 1986

Woodward, Wilcox and Burchett JJ 13 May 1987 Sydney

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NSW G.395 of 1986 ) )

GENERAL DIVISION

On appeal from the General Administrative Division of the Administrative Appeals Tribunal

BETWEEN: JANE SUZANNE ARNOLD on behalf of AUSTRALIANS FOR ANIMALS

Applicant

AND: THE STATE OF QUEENSLAND First Respondent