Helicopter Resources Pty Ltd v Commonwealth of Australia (No 2) [2018] FCA 991

FEDERAL COURT OF AUSTRALIA

Helicopter Resources Pty Ltd v Commonwealth of Australia (No 2) [2018] FCA 991 File number: NSD 629 of 2018

Judge: BROMWICH J

Date of judgment: 29 June 2018

Catchwords: ADMINISTRATIVE LAW – inquest by the Chief Coroner of the Australian Capital Territory – where subject matter of inquest has a measure of overlap with pending criminal charges against the corporate applicant and the Commonwealth – application to restrain the Coroner from requiring the applicant's employee to give evidence – whether requiring the employee to give evidence would pose a real risk of interference with the administration of justice and constitute a contempt of court – whether the Coroner has statutory power under the Coroners Act 1997 (ACT) to require the applicant's employee to give evidence if it would otherwise constitute a contempt of court – principle of legality – consideration of principles in Lee v New South Wales Crime Commission [2013] HCA 39; 251 CLR 196 – Held: application dismissed with costs

Legislation: Australian Antarctic Territory Act 1954 (Cth), ss 6, 10 Coroners Act 1997 (ACT), ss 13(1), 40, 51B, 52, 56(6), 58 Civil Aviation Act 1988 (Cth), ss 28BA(1)(b), 98(4A) Director of Public Prosecutions Act 1983 (Cth), s 8 Evidence Act 2011 (Cth), s 128 Work Health and Safety Act 2011 (Cth) Criminal Assets Recovery Act 1990 (NSW), s 31D(1)(a) Criminal Code (Qld) Drug Misuse and Trafficking Act 1985 (NSW) Evidence Act 2011 (ACT), s 87, 128 Civil Aviation Order 82.0, Appendix 1, cll 1.1, 2.1, 3