Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commonwealth of Australia v Dutton [2000] FCA 1466 FREEDOM OF INFORMATION – extradition proceedings – legal professional privilege. Freedom of Information Act 1982 (Cth) s 42 Extradition Act 1988 (Cth) ss 12, 15, 18, 19, 22, 23, 50
Director of Public Prosecutions (Cth) v Kainhofer (1995) 185 CLR 528 considered Pasini v Vanstone [1999] FCA 1271 considered Trade Practices Commission v Sterling (1979) 36 FLR 244 applied COMMONWEALTH OF AUSTRALIA v EDWARD I DUTTON N 576 OF 2000 WILCOX, SPENDER AND MOORE JJ 20 OCTOBER 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 576 of 2000
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MR B J MCMAHON, DEPUTY PRESIDENT
BETWEEN: COMMONWEALTH OF AUSTRALIA
Appellant
AND: EDWARD I DUTTON
Respondent
JUDGES: WILCOX, SPENDER AND MOORE JJ
DATE OF ORDER: 20 OCTOBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal be set aside. 2. The matter be remitted to the Administrative Appeals Tribunal with a direction that the documents to which the proceedings relate are not privileged except the following documents which are privileged: (i) the documents set out in the schedule to this judgment; (ii) the documents numbered 11, 44, 51 and 52 in schedule B of the affidavit of Ms Jackson of 7 April 2000 which are privileged; and (iii) any other document that the Tribunal earlier decided was privileged. 3. The cross-appeal be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N576 of 2000
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MR B J MCMAHON, DEPUTY PRESIDENT
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