Priestley v Godwin (No 2) [2008] FCA 1453

FEDERAL COURT OF AUSTRALIA

Priestley v Godwin (No 2) [2008] FCA 1453 STATUTES – whether s 79 of the Judiciary Act 1903 (Cth) operates to make s 21(1) of the Human Rights Act 2004 (ACT) applicable to proceedings in the Federal Court heard in the ACT concerning the Federal Court of Australia Act 1976 (Cth) and the Federal Court Rules – the Human Rights Act applies to the interpretation of Territory laws – s 21(1) of the Human Rights Act is not applicable to these proceedings – the requirements of independence and impartiality in s 21(1) of the Human Rights Act do not relevantly add to the test in Ebner v Official Trustee in Bankruptcy

Federal Court of Australia Act 1976 (Cth) s 31A Human Rights Act 2004 (ACT) ss 21(1), 29, 30 Judiciary Act 1903 (Cth) s 79 Legislation Act 2001 (ACT) ss 7, 13 Federal Court Rules O 20 r 5 Australian Securities and Investments Commission v Edensor Nominees Pty Ltd (2001) 204 CLR 559 cited Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 cited Forge v Australian Securities and Investments Commission (2006) 228 CLR 45 cited Priestley v Godwin [2008] FCA 1179 considered Solomons v District Court of New South Wales (2002) 211 CLR 119 cited MICHAEL PRIESTLEY v ANNWYN GODWIN PARLIAMENTARY SERVICE MERIT PROTECTION COMMISSIONER

ACD 1 of 2008 MICHAEL PRIESTLEY v THE HONOURABLE DAVID PETER MAXWELL HAWKER SPEAKER OF THE HOUSE OF REPRESENTATIVES AND SENATOR THE HONOURABLE ALAN BAIRD FERGUSON PRESIDENT OF THE SENATE ACD 2 OF 2008

BENNETT J

25 September 2008

SYDNEY (HEARD IN CANBERRA) IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY ACD 1 of 2008

DISTRICT REGISTRY

BETWEEN: MICHAEL PRIESTLEY

Applicant

AND: ANNWYN GODWIN

PARLIAMENTARY SERVICE MERIT PROTECTION COMMISSIONER

Respondent

IN THE FEDERAL COURT OF AUSTRALIA