National Tertiary Education Industry Union v Commonwealth of Australia [2001] FCA 610

FEDERAL COURT OF AUSTRALIA

National Tertiary Education Industry Union v Commonwealth of Australia [2001] FCA 610

EVIDENCE – public interest immunity – Cabinet submission prepared by Minister – applicant's belief that document which came into its possession copied from document discovered as Cabinet submission – respondents' refusal to confirm or deny that this was so – whether inspection of submission would reveal deliberations of Cabinet – whether submission properly subject to claim of public interest immunity. Workplace Relations Act 1996 (Cth) s 170NC Duncan v Cammell, Laird and Co Ltd [1942] AC 624 at 641-642 referred to Rogers v Home Secretary [1973] AC 388 at 406-407 referred to Burmah Oil Co Ltd v Bank of England [1980] AC 1090 at 1111 referred to Sankey v Whitlam (1978) 142 CLR 1 at 38, 49 applied Conway v Rimmer [1968] AC 910 at 952 referred to Air Canada v Secretary of State for Trade (No 2) [1983] 2 AC 394 at 432 referred to R v Toohey; ex parte Northern Land Council (1981) 151 CLR 170 referred to Harbours Corporation of Queensland v Vessey Chemicals Pty Ltd (1986) 12 FCR 60 referred to Mann v Carnell (2001) 201 CLR 1 referred to Esso Australia Resources Limited v Commissioner of Taxation of the Commonwealth of Australia (2001) 201 CLR 49 referred to Commonwealth v Northern Land Council (1993) 176 CLR 604 applied Commonwealth v Construction, Forestry, Mining and Energy Union (2000) 98 FCR 31 at 43 applied Attorney-General v Hamilton (1993) 2 IR 250 at 266 referred to Egan v Chadwick (1999) 46 NSWLR 563 at 573-576 and 589-592 referred to

NATIONAL TERTIARY EDUCATION INDUSTRY UNION v COMMONWEALTH OF AUSTRALIA and DAVID ALISTAIR KEMP

V447 of 2000

WEINBERG J

25 MAY 2001

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V447 OF 2000

BETWEEN: NATIONAL TERTIARY EDUCATION INDUSTRY UNION