North Australian Aboriginal Legal Aid Service Inc v Bradley [2001] FCA 1080

FEDERAL COURT OF AUSTRALIA

North Australian Aboriginal Legal Aid Service Inc v Bradley [2001] FCA 1080

PRACTICE AND PROCEDURE – Discovery of documents – Claim of public interest immunity – Northern Territory government documents – Internal memoranda relating to proposed statutory amendments and powers of Administrator, drafts of Cabinet submission, final Cabinet submission and record of formal Cabinet decision – No documents revealing Cabinet deliberations – Claim of public interest immunity disallowed. Sankey v Whitlam (1978) 142 CLR 1 referred to. Commonwealth of Australia v Northern Land Council (1993) 176 CLR 604 distinguished. Commonwealth of Australia v Northern Land Council (1991) 30 FCR 1 applied. NORTH AUSTRALIAN ABORIGINAL LEGAL AID SERVICE INC v HUGH BURTON BRADLEY and NORTHERN TERRITORY OF AUSTRALIA D 17 of 2001 WILCOX J MELBOURNE (HEARD IN SYDNEY) 10 AUGUST 2001

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY D 17 of 2001

BETWEEN: NORTH AUSTRALIAN ABORIGINAL LEGAL AID SERVICE INC

APPLICANT

AND: HUGH BURTON BRADLEY

FIRST RESPONDENT

NORTHERN TERRITORY OF AUSTRALIA

SECOND RESPONDENT

JUDGE: WILCOX J

DATE OF ORDER: 7 AUGUST 2001

WHERE MADE: MELBOURNE (HEARD IN SYDNEY)

THE COURT ORDERS THAT: 1. The claim of public interest immunity made by the second respondent in respect of certain documents listed in that respondent's Supplementary List of Documents be disallowed. 2. The second respondent forthwith produce the said documents for inspection by other parties. 3. The costs of the application in respect of public interest immunity be the applicant's costs in the principal proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.