Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Clement v Comcare [2011] FCA 404 Citation: Clement v Comcare [2011] FCA 404
Appeal from: Clement and Comcare [2010] AATA 296
Parties: KRISTINE CLEMENT v COMCARE
File number: ACD 18 of 2010
Judge: COWDROY J
Date of judgment: 21 April 2011
Catchwords: PRACTICE AND PROCEDURE – Application for an adjournment under s 38D(5) of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) ('the Act') – application for a national security information hearing under s 38A of the Act – whether s 6A of the Act acts as a 'trigger' – Act does not apply to civil proceedings until the Attorney General notifies the parties under s 6A – application dismissed
Legislation: Acts Interpretation Act 1901 (Cth) ss 12, 15AB Administrative Appeals Tribunal Act 1975 (Cth) s 44 Federal Court Rules O 19 r 1 National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) ss 3, 6, 6A, 7, 15A, 38A, 38D, 38F, 46A-46G Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 16, 19
Cases cited: Bushell v Hammond [1904] 2 KB 563 Bushell v Hammond [1904] 73 LJ KB 1005 Chandler v Director of Public Prosecutions [1964] AC 763 Clement and Comcare [2010] AATA 296 Frauenfelder v Reid (1963) 109 CLR 42 Joyce v Paton (1941) 58 WN (NSW) 88 R v Schildkamp [1971] AC 1 Re Baldwin (1891) 12 LR (NSW) 128 Sanderson v Fotheringham (1885) 11 VLR 190 The Ombudsman v Moroney [1983] 1 NSWLR 317
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