Hinchcliffe v Commissioner of Police of the Australian Federal Police [2001] FCA 1747

FEDERAL COURT OF AUSTRALIA

Hinchcliffe v Commissioner of Police of the Australian Federal Police [2001] FCA 1747

ADMINISTRATIVE LAW – judicial review – applicants' alleged publication by their former spouses of proceedings in Family Court in contravention of s 121 of the Family Law Act 1975 – decision by Australian Federal Police ("AFP") not to proceed with complaint – whether failure by AFP to perform duty – whether complaint constituted a sufficient request to support an application for mandamus – whether AFP had a policy not to investigate such complaints – whether grant of relief would, in any event, be futile since no offence against s 121 POLICE – duty of AFP to enforce the law – duty of AFP where a complaint is received from a member of the public FAMILY LAW – prohibition on publication of proceedings – prohibition not infringed by use of materials in another Family Court proceeding – allegation that statements contained in the materials were repeated to applicants' associates – whether statements were an "account" of the proceeding – whether applicants' associates constituted the public or a section of the public WORDS & PHRASES – "account of any proceedings", "the public or ... a section of the public" Family Law Act 1975 (Cth), s 121(1), s 121(9)(a) Australian Federal Police Act 1979 (Cth), s 8, s 9(1)(c), s 37 Police Regulations Act 1958 (Vic), s 11 Federal Court Rules, O 20, r 2(1)

R v Commissioner of Police of the Metropolis; Ex parte Blackburn [1968] 2 QB 118 followed R v Commissioner of Police of the Metropolis, Ex parte Blackburn (No 3) [1973] 1 QB 241 referred R v Chief Constable of Devon and Cornwall; Ex parte Central Electricity Generating Board [1982] 1 QB 458 referred R v McAulay; Ex parte Fardell (1979) 2 NTR 22 referred King-Brooks v Roberts (1991) 5 WAR 500 referred Smiles v Commissioner of Taxation (1992) 35 FCR 405 referred R v The War Pensions Entitlement Appeal Tribunal; Ex parte Bott (1933) 50 CLR 228 applied Re Edelsten; Ex parte Donnelly (1988) 18 FCR 434 followed Corporate Affairs Commission (South Australia) v Australian Central Credit Union (1985) 157 CLR 201 discussed Walton v Gardiner (1993) 177 CLR 378 referred AMANDA JOY HINCHCLIFFE & ANOR v THE COMMISSIONER OF POLICE OF THE AUSTRALIAN FEDERAL POLICE & ANOR V 78 of 2000 KENNY J 10 DECEMBER 2001 MELBOURNE