Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Carrigan v Honourable Senator Michaelia Cash [2016] FCA 1466 File number: NTD 14 of 2016
Judge: WHITE J
Date of judgment: 7 December 2016
Catchwords: PRACTICE AND PROCEDURE – application to strike out statement of claim because it fails to disclose a reasonable cause of action – originating application for judicial review of a report provided to the Minister of Employment – redacted copy of report tabled into Parliament – whether conduct of the author of the report and the Minister constituted "acts done in the course of, or for the purposes of or incidental to, the transacting of the business of a House [of the Australian Parliament]" within s 16(2) of the Parliamentary Privileges Act 1987 (Cth) (the PP Act) – whether the report was prepared "for purposes of or incidental to the transacting of [the business of a House of the Australian Parliament]" within s 16(2)(c) of the PP Act. Held: statement of claim struck out, summary judgement entered for the Respondents.
Legislation: Fair Work Act 2009 (Cth) (the FW Act) ss 641, 641A Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Sch 18 Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 2011 (Cth) rr 26.01(1)(a), 16.21(1)(e) Judiciary Act 1903 (Cth) s 78B Parliamentary Privileges Act 1987 (Cth) ss 16, 17 Workplace Relations Act 1996 (Cth) s 82
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