Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
The Australian Capital Territory v Deacon [2001] FCA 1634
APPEAL – whether leave to appeal required from decision of Supreme Court of Australian Capital Territory given by way of advice – whether decision is a judgment or order under s 24 of the Federal Court of Australia Act. LEGAL PRACTITIONERS – whether solicitor acting for person injured on government premises may approach government employee for information – whether government solicitor informing other solicitor that approach is illegal is in contempt of court – whether government employee owes duty of confidentiality. PRACTICE AND PROCEDURE – application for declaration in advance of findings of fact – distinction between application for declaration and application for injunction pending suit.
Federal Court of Australia Act 1976 (Cth), s 24 Public Sector Management Act 1994(Cth), s 9 Crimes (Offences Against the Government) Act 1989 (ACT), s 10 Supreme Court Rules (ACT), O 52 r 12,O 57 r 2
Critchley v Australian Urban Investments Ltd [1979] VR 374, cited R v IRC Ex parte Rossminster Ltd [1980] AC 952, cited Trimtor Building Consultants Pty Ltd v Hilton [1983] 1 NSWLR 259, cited THE AUSTRALIAN CAPITAL TERRITORY v GLYN ANTHONY DEACON A8 of 2001 MILES, O'LOUGHLIN and MADGWICK JJ 23 NOVEMBER 2001 CANBERRA
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY A8 of 2001
DISTRICT REGISTRY
ON APPEAL FROM A JUDGE OF THE SUPREME COURT OF THE
AUSTRALIAN CAPITAL TERRITORY
BETWEEN: THE AUSTRALIAN CAPITAL TERRITORY
APPLICANT
AND: GLYN ANTHONY DEACON
RESPONDENT
JUDGES: MILES, O'LOUGHLIN and MADGWICK JJ
DATE OF ORDER: 23 NOVEMBER 2001
WHERE MADE: CANBERRA
THE COURT ORDERS THAT: 1. The application for leave to appeal be dismissed. 2. There be no order as to costs of the application.
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