Federal Court of Australia
Federal Court of Australia
CAP21 v Administrative Appeals Tribunal [2021] FCA 1146 File number: ACD 36 of 2021
Judgment of: WIGNEY J
Date of judgment: 22 September 2021
Catchwords: PRACTICE AND PROCEDURE – application for judicial review of a decision of the Administrative Appeals Tribunal to refuse to make a confidentiality order under s 35(3) of the Administrative Appeals Tribunal Act 1975 (Cth) – where Court ordered production of documents before Tribunal in relation to its decision – where party to Tribunal proceeding objects to non-party access to documents – where documents subject of application said to contain personal information – whether applicant who was not a party to Tribunal proceeding should have access to documents – relevant principles regarding access to documents before a decision-maker in an application for judicial review of decision – access to documents granted
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 35(3) Federal Court Rules 2011 (Cth), r 2.32(1)
Cases cited: Attorney-General (NT) v Minister for Aboriginal Affairs (1989) 23 FCR 536 Harman v Home Department State Secretary [1983] 1 AC 280
Division: General Division
Registry: Australian Capital Territory
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 9
Date of last submissions: 16 September 2021
Date of hearing: Determined on the papers
Counsel for the Applicant: Ms D Forrester
Solicitor for the Applicant: Maddocks
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