AIX20 v Director-General of Security [2023] FCA 1344

Federal Court of Australia

AIX20 v Director-General of Security [2023] FCA 1344 File number: VID 711 of 2022

Judgment of: MOSHINSKY J

Date of judgment: 3 November 2023

Catchwords: PRACTICE AND PROCEDURE – application for summary dismissal of the applicant's negligence claim on the basis that no duty of care was owed by the respondent to the applicant – where the alleged duty of care was based on statutory provisions and on alleged facts – where there was no precedent on the question – whether the applicant's negligence claim had no reasonable prospect of success – held: application for summary dismissal refused PRACTICE AND PROCEDURE – separate questions – where the respondent applied for an order that certain questions be heard separately – where the respondent in substance sought to demur to the applicant's claim – where the applicant opposed the order for separate questions – case management considerations – held: application for separate questions dismissed

Legislation: Australian Security Intelligence Organisation Act 1979 (Cth), ss 17, 25, 35, 37 Federal Court of Australia Act 1976 (Cth), s 31A Migration Act 1958 (Cth), ss 501, 501C Federal Court Rules 2011, rr 26.01, 30.01

Cases cited: ASZ21 v Commissioner of Taxation [2021] FCA 1304 Bass v Permanent Trustee Co Ltd [1999] HCA 9; 198 CLR 334 Electricity Networks Corporation v Herridge Parties [2022] HCA 37; 96 ALJR 1106 Hill v Hamilton-Wentworth Regional Police Services Board [2007] SCC 41; [2007] 3 SCR 129 Perera v Genworth Financial Mortgage Insurance Pty Ltd [2017] NSWCA 19; 94 NSWLR 83 Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4; [2018] AC 736 Spencer v Commonwealth [2010] HCA 28; 241 CLR 118 Sullivan v Moody [2001] HCA 59; 207 CLR 562 Trkulja v Google LLC [2018] HCA 25; 263 CLR 149