Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Warren v Chief Executive Officer, Services Australia [2023] FCA 1337 Appeal from: Services Australia v Warren [2022] AATA 4191
File number(s): VID 763 of 2022
Judgment of: MCELWAINE J
Date of judgment: 3 November 2023
Catchwords: PRACTICE AND PROCEDURE – Application for order pursuant to s 37AF(1)(b) of the Federal Court of Australia Act 1976 (Cth) – where documents were produced on a confidential basis to the Administrative Appeals Tribunal in support of the respondent's claim relating to the exemption of Cabinet documents pursuant to s 34 of the Freedom of Information Act 1982 (Cth) – where documents relate to the Robodebt Scheme – where Royal Commission into the Robodebt Scheme has been since been conducted and final report delivered – where Cabinet deliberations are a matter of historic fact – confidentiality order refused in relation to documents disclosed in part to the Royal Commission – confidentiality order made in relation to material the subject of the substantive appeal which would otherwise render the appeal moot
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 35, 46 Federal Court of Australia Act 1976 (Cth) ss 37AE, 37AF, 37AG Freedom of Information Act 1982 (Cth) ss 34, 47C, 64
Cases cited: Air Canada v Secretary of State for Trade [1983] 2 AC 394 Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd (No 3) [2020] FCA 1766 Australian Securities Commission v Zarro (No 2) (1992) 34 FCR 427 Bayles by his litigation representative Bayles v Nationwide News Pty Ltd (No 3) [2020] FCA 1397 Burmah Oil Co Ltd v Governor and Company of the Bank of England [1980] AC 1090 Commonwealth of Australia v Northern Land Council (1993) 176 CLR 604 Commonwealth v Construction, Forestry, Mining and Energy Union [2000] FCA 453; 98 FCR 31 Conway v Rimmer [1968] AC 910 at 952 Country Care Group Pty Ltd v Director of Public Prosecutions (Cth) (No 2) [2020] FCAFC 44; 275 FCR 377 Hogan v Australian Crime Commission [2010] HCA 21; 240 CLR 651 Lee v Deputy Commissioner of Taxation [2023] FCAFC 22; 296 FCR 272 Minister for Immigration and Border Protection v Egan [2018] FCA 1320 Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (No 2) [2018] FCA 17 Prygodicz v Commonwealth of Australia (No 2) [2021] FCA 634 Roberts-Smith v Fairfax Media Publications Pty Ltd (No 14) [2021] FCA 552 Sankey v Whitlam (1978) 142 CLR 1 Services Australia v Warren [2022] AATA 4191
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