BDR21 v Australian Broadcasting Corporation [2021] FCA 960

Federal Court of Australia

BDR21 v Australian Broadcasting Corporation [2021] FCA 960 File number: NSD 290 of 2021

Judgment of: HALLEY J

Date of judgment: 17 August 2021

Catchwords: PRACTICE AND PROCEDURE – application pursuant to rr 16.21 and 26.01 of the Federal Court Rules 2011 (Cth) and s 31A(2) of the Federal Court of Australia Act 1976 (Cth) to strike out and/or give summary judgment in relation to parts of amended statement of claim – whether reasonable cause of action disclosed – whether any reasonable prospect of success – where applicant alleges reprisal action pursuant to s 13 of the Public Interest Disclosures Act 2013 (Cth) (PID Act) – whether allegations in document subject to parliamentary privilege can be relied upon as disclosable conduct for purposes of whistleblower protections in the PID Act – whether unlawful to adduce evidence of material facts of alleged public interest disclosures by reason of s 16(3) of the Parliamentary Privileges Act 1987 (Cth) – whether document prepared for purposes of or incidental to the transacting of the business of a parliamentary committee – whether material facts require evidence, questions or submissions concerning proceedings in Parliament – whether Parliament intended s 24 of the PID Act to abrogate or modify parliamentary privilege – application granted

Legislation: Federal Court of Australia Act 1976 (Cth) s 31A Parliamentary Privileges Act 1987 (Cth) ss 3, 16 Public Interest Disclosure Act 2013 (Cth) ss 6, 13, 24, 26, 29, 80 Federal Court Rules 2011 (Cth) rr 16.21, 26.01 Australia, House of Representatives, Parliamentary Privileges Bill 1987, Explanatory Memorandum, item 3(c) Bill of Rights 1688 (UK) Art 9