Construction, Forestry, Mining & Energy Union v Hamberger (Employment Advocate) [1999] FCA 1301

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining and Energy Union v Hamberger

(Employment Advocate) [1999] FCA 1301

PRIVILEGE – discovery – objection by the Commonwealth to produce for inspection an unsigned version of a letter signed by the Workplace Relations Minister to the Prime Minister – public interest immunity privilege – whether letter to be classed as a document which records the actual deliberations of Cabinet – whether the Court is in a position to properly carry out the balancing exercise between the administration of justice and the public interest in the absence of considering the contents of the document.

Workplace Relations Act 1996 (Cth) s170NG Construction, Forestry, Mining and Energy Union v Jonathan Hamberger [1999] FCA 693, referred to

Commonwealth of Australia v Northern Land Council (1993) 176 CLR 604, applied

Sankey v Whitlam (1978) 142 CLR 1, applied

New South Wales v Ryan (1998) 101 LGERA 246, considered

Alister v The Queen (1984) 154 CLR 404, considered

Legal Services Commission v Trotter (1990) 54 SASR 74, considered

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v JONATHAN HAMBERGER (in his capacity as the EMPLOYMENT ADVOCATE) V 259 of 1999 MARSHALL J MELBOURNE 6 SEPTEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 259 OF 1999

BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

Applicant

AND: JONATHAN HAMBERGER (in his capacity as the EMPLOYMENT ADVOCATE)

Respondent

JUDGE: MARSHALL J

DATE OF ORDER: 6 SEPTEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The respondent produce to the Court, within 21 days of the date of this order, the copy letter referred to in his list of documents filed on 26 July 1999 in Part 2 of Schedule 1 thereto.

2. Production to the Court not be required in the event that the Commonwealth advises the Court that it will seek leave to appeal from the exercise of the Court's discretion to require such production on the condition such application is filed and served within 21 days of the date of this order.