Lindon, L.J. v The Hon. P. Keating MP & Ors [1995] FCA 528

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION No VG 576 of 1995

LEONARD JOHN LINDON Applicant THE HON PAUL KEATING MP and ORS Respondents Coram: Olney J Place: Melbourne Date: 2 June 1995. REASONS FOR JUDGMENT Late yesterday, that is on 1 June 1995, the applicant filed an application seeking injunctive and declaratory relief against the Prime Minister (the first respondent), the Commonwealth of Australia (the second respondent) and seven other respondents. He relies upon section 39B of the Judiciary Act and s 21 of the Federal Court of Australia Act as the basis for the orders sought. Service was effected on the Australian Government Solicitor at 5.15pm yesterday. The Australian Government Solicitor has accepted service on behalf of the Commonwealth of Australia which has appeared by counsel. The other respondents have not appeared. The applicant seeks an injunction requiring the respondents to issue him with an invitation to attend a national forum on Civics and Citizenship Education at Parliament House in Canberra on Monday next, 5 June 1995, on the same terms as the other invitees; and he seeks a declaration that he is entitled to such an invitation. The application has been dealt with as an urgent matter and it is appropriate that it be dealt with on an interlocutory basis. Accordingly, it is inappropriate that any declaratory relief be granted at this stage and I refuse the application that was made to amend the relief sought in order to seek a final declaration today. The short facts are these. The Civics Expert Group (CEG) (the third respondent) was established by the Australian government in June 1994 to prepare a strategic plan for a non-partisan program of public education and information on the Australian system of government, the Australian constitution, Australian citizenship and other civic issues. It delivered a report to the government on 30 November 1994. On 7 December 1994 the Prime Minister announced that he had received the report and made some general comments on it. His statement continued: The group has recommended its report be made available for public comment and discussion for three months. I am happy to agree and would welcome comments on the report and its implementation by the end of February 1995. On 11 February 1995 the applicant saw an advertisement which was published in The Age newspaper inviting written comments on the report and its recommendations. Individuals and organisations were invited to forward their written comments to the Secretary of the Department of Prime Minister and Cabinet (the fourth respondent) by 1 March 1995. The applicant responded to this invitation on 1 March 1995. In the final paragraph of his submission he wrote: