Federal Court of Australia
Federal Court of Australia
Walker Group Holdings Pty Ltd v Secretary, Department of Climate Change, Energy, the Environment and Water [2024] FCA 504 File number(s): NSD 920 of 2023
Judgment of: WIGNEY J
Date of judgment: 16 May 2024
Catchwords: ADMINISTRATIVE LAW – Freedom of Information Act 1982 (Cth) – request for access to documents relating to the Toondah Harbour Project – where documents created during the statutory consultation process under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) – appeal from the Administrative Appeals Tribunal decision granting access – whether conditional exemptions to disclosure in the Freedom of Information Act 1982 (Cth) s 47G applied – whether the Tribunal failed to address clearly articulated arguments – whether the Tribunal misapplied the statutory test – no errors of law proven – appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 16, 18, 66, 67, 67A, 68, 74, 75, 82, 87, 101, 131, 131A, 131AA, 136 Freedom of Information Act 1982 (Cth) ss 3(1), 11, 11A, 11B, 27, 47, 47G, 54W, 93A
Cases cited: ACF v Secretary, Department of Climate Change, Energy, Environment [2023] FCA 1005 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593; [2003] FCAFC 184 Australian Conservation Foundation Inc v Minister for Environment (2016) 251 FCR 308; [2016] FCA 1042 Collector of Customs v Pozzolanic (1993) 43 FCR 280 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Klewer v National Disability Insurance Agency [2023] FCA 630 Ming v Director of Public Prosecutions (NSW) (2022) 109 NSWLR 604; [2022] NSWCA 209 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for the Environment v Sharma (2022) 400 ALR 203; [2022] FCAFC 35 National Disability Insurance Agency v KKTB [2022] FCAFC 181; (2022) 295 FCR 379 Plaintiff M1/2021 v Minister for Home Affairs (2022) 275 CLR 582; [2022] HCA 17 Saffari v Australian Information Commissioner [2023] FCAFC 127 Secretary, Department of Education v Dawking [2024] NSWCA 4
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