ZX v Commonwealth of Australia [2016] FCA 1013

FEDERAL COURT OF AUSTRALIA

ZX v Commonwealth of Australia [2016] FCA 1013 File number: SAD 376 of 2015

Judge: BESANKO J

Date of judgment: 23 August 2016

Catchwords: PRACTICE AND PROCEDURE – application for discovery – where applicant summonsed to appear before an examiner pursuant to Australian Crime Commission Act 2002 (Cth) – where applicant seeks discovery of documents which the examiner relied on in issuing the summons – whether respondent should discover source documents from which the Statement of Facts and Circumstances document was compiled – whether respondent can claim public interest immunity – where redacted documents have been produced to applicant – where respondent has provided a confidential affidavit to Court – application dismissed.

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 6 Australian Crime Commission Act 2002 (Cth) ss 7, 7C, 24A, 28, 46 Australian Crime Commission Amendment (National Policing Information) Act 2016 (Cth) Australian Crime Commission Regulations 2002 (Cth) reg 3A Evidence Act 1995 (Cth) s 130 Judiciary Act 1903 (Cth) s 39B

Cases cited: Adelaide Brighton Cement Ltd v State of South Australia and Another (1999) SASC 379; (1999) 75 SASR 209 Alister and Others v The Queen (1983) 154 CLR 404 Eastman v The Queen (1997) 76 FCR 9 Minister for Aboriginal and Torres Strait Islander Affairs v State of Western Australia and Others (1996) 67 FCR 40 Sankey v Whitlam (1978) 142 CLR 1 Woodroffe and Another v National Crime Authority and Others [1999] FCA 1689; (1999) 168 ALR 585 Aronson M and Groves M, Judicial Review of Administrative Action (5th ed, Thomson Reuters, 2013)