Helicopter Resources Pty Ltd v Commonwealth of Australia [2018] FCA 595

FEDERAL COURT OF AUSTRALIA

Helicopter Resources Pty Ltd v Commonwealth of Australia [2018] FCA 595 File number: NSD 629 of 2018

Judge: GRIFFITHS J

Date of judgment: 30 April 2018

Catchwords: ADMINISTRATIVE LAW – judicial review of a decision of the Coroners Court of the ACT refusing to adjourn a coronial inquest into the death of a pilot employed by the applicant until criminal proceedings against the applicant were concluded – where the coronial inquest required the applicant's chief pilot to be a witness at the inquest PRACTICE AND PROCEDURE – where the applicant applied for interim orders prohibiting the Coroners Court of the ACT from requiring the applicant's employees and directors, including the chief pilot, to give evidence at the inquest until further order of the Court – whether the applicant established a prima facie case – whether the balance of convenience favours making the interim order – held: interim relief granted

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Australian Antarctic Territory Act 1954 (Cth), ss 6, 10 Judiciary Act 1903 (Cth), s 39B Work Health and Safety Act 2011 (Cth) Coroners Act 1997 (ACT) Evidence Act 2011 (ACT)

Cases cited: Boyce v Munro [1998] 4 VR 773 Environment Protection Authority v Caltex Refining Co Pty Ltd (1993) 178 CLR 477 Lee v The Queen [2014] HCA 20; (2014) 253 CLR 458 Ransley v Commissioner of Taxation [2016] FCA 778 X7 v Australian Crime Commission (2013) 248 CLR 92