Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
National Archives of Australia v Fernandes [2014] FCA 1051 Citation: National Archives of Australia v Fernandes [2014] FCA 1051
Appeal from: Fernandes v National Archives of Australia [2014] AATA 180
Parties: NATIONAL ARCHIVES OF AUSTRALIA v CLINTON FERNANDES
File number(s): ACD 28 of 2014
Judge(s): FOSTER J
Date of judgment: 29 September 2014
Catchwords: PRACTICE AND PROCEDURE – whether confidentiality and protective orders should be made in respect of documents and information covered by or concerning material covered by a public interest certificate issued by the Attorney-General of the Commonwealth pursuant to s 36(1)(a) of the Administrative Appeals Tribunal Act 1975 (Cth) preventing disclosure of that material because disclosure would prejudice the security, defence or international relations of the Commonwealth
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 35, 36, 36B, 39, 42A, 44, 46 Archives Act 1983 (Cth) ss 31, 33, 36 Crimes Act 1914 (Cth) s 85B Criminal Code Act 1995 (Cth) s 93.2 Federal Court of Australia Act 1976 (Cth) s 18N , Pt VAA Federal Court Rules 2011 r 2.32(3)
Cases cited: Minister of State for Immigration and Ethnic Affairs v Teoh (1994) 183 CLR 273 Nicopoulos v Commissioner for Corrective Services (2004) 148 A Crim R 74
Date of hearing: 3 July 2014
Date of last submissions: 1 July 2014
Place: Sydney
Division: GENERAL DIVISION
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