Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hamden v Campbell (No 2) [2012] FCA 460 Citation: Hamden v Campbell (No 2) [2012] FCA 460
Parties: DAVID KEVIN HAMDEN v KATHRYN CAMPBELL, SECRETARY OF THE DEPARTMENT OF HUMAN SERVICES
File number: SAD 255 of 2011
Judge: LANDER J
Date of judgment: 7 May 2012
Catchwords: ADMINISTRATIVE LAW – mandamus – applicant sought document – Administrative Appeals Tribunal ordered agency to take all reasonable steps to find document – agency said it had taken all reasonable steps – agency said document no longer existed – whether all reasonable steps taken to find document – whether Court needs to be satisfied that all reasonable steps have been taken
Legislation: Archives Act 1983 (Cth), s 24(1) Constitution, s 75(v) Federal Court Rules 2011, r 20.21 Freedom of Information Act 1982 (Cth), s 11, s 11(1), s 24A, s 24A(1), s 55 Judiciary Act 1903 (Cth), s 39B
Cases cited: Chu v Telstra Corporation Ltd (2005) 147 FCR 505 cited The King v The War Pensions Entitlement Appeal Tribunal; ex parte Bott (1933) 50 CLR 228 cited
Date of hearing: 26 March 2012
Place: Adelaide
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 40
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: Mr P d'Assumpcao
Solicitor for the Respondent: Australian Government Solicitor
IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 255 of 2011
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