Firebrace v Indigenous Land Corporation [2000] FCA 1257

FEDERAL COURT OF AUSTRALIA

Firebrace v Indigenous Land Corporation [2000] FCA 1257

ADMINISTRATIVE LAW - Natural Justice - Apprehended Bias Aboriginal and Torres Strait Islander Commission Act 1989 (Cth) - Part 4A - "Misbehaviour" within s192(H)(1) - private inquiry into a statutory corporation formed under Part 4A appointed by Minister for confidential report to him for his consideration - inquiry to be conducted by a person professionally in practice outside the Public Service - whether provision of draft chronological narrative of events to the applicant as Chairperson of the Corporation (as well as to the other directors all being the subject of the inquiry) evidenced bias or grounds for apprehended bias against the Chairperson - whether as a matter of procedural fairness the applicant should have been given an opportunity to examine or cross-examine witnesses - whether the applicant should have been provided with her legal costs of representation in connection with the inquiry - whether the person requested to conduct the private inquiry and report to the Minister was otherwise obliged to give natural justice to the Chairperson in connection with the private inquiry - relevance of privately expressed views of a senior public servant concerning the Chairperson of the Corporation constituted evidence of bias attributable to the Minister or the private inquirer - whether alternatively mediation or separate trials should be ordered at the request of the Chairperson in advance of the private inquiry against the opposition of the Corporation and the Minister. INJUNCTIONS - balance of convenience - weakness of case of applicant for relief on balance of convenience - whether the subject matter of the litigation related to matters of public interest. Aboriginal and Torres Strait Islander Commission Act 1989 Cth, ss 6, 192H, 192K, 192M New South Wales v Canellis (1994) 181 CLR 309 referred to Gaisford v Hunt (unreported, Federal Court of Aust, Beaumont, O'Loughlin & Lehane JJ 6 December 1996) distinguished Kilthistle No. 6 Pty Ltd v Austwide Homes Pty Ltd (unreported, Federal Court of Aust, Lehane J. 10 December 1997) applied CBS Productions Pty Ltd v O'Neill (1985) 1 NSWLR 601 referred to Rose v Bridges (1997) 79 FCR 378 applied