Federal Court of Australia
Federal Court of Australia
Veteran Advocacy Australia v Secretary, Department of Veterans' Affairs [2024] FCA 895 File number(s): QUD 499 of 2023
Judgment of: MEAGHER J
Date of judgment: 12 August 2024
Catchwords: PRACTICE AND PROCEDURE – application for summary judgment under s 31A(2) of the Federal Court of Australia Act 1976 (Cth) and r 26.01(1)(a) of the Federal Court Rules 2011 (Cth) – whether the applicant has a reasonable prospect of successfully prosecuting the proceeding – where applicant applies for relief under s 39B of the Judiciary Act 1903 (Cth) – where applicant seeks declaratory and injunctive relief in relation to alleged privacy interferences – where the applicant is a discretionary investment trust – whether the applicant has standing – whether the applicant has a special interest in the subject matter of the proceeding – where evidence insufficient to establish that the applicant has a special interest – where the Office of the Australian Information Commissioner is the appropriate forum for the relief sought – summary judgment granted in favour of the respondent
Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) Freedom of Information Act 1982 (Cth) Parliamentary Privileges Act 1987 (Cth) Privacy Act 1988 (Cth) Judiciary Act 1903 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Animals' Angels e.V. v Secretary, Department of Agriculture [2014] 228 FCR 35 Australian Conservation Foundation Inc v Commonwealth (1980) 146 CLR 493; [1980] HCA 53 Commissioner of Taxation v Futuris Corporation Limited [2008] HCA 32 Davis v Military Rehabilitation and Compensation Commission [2024] FCA 322 Lock The Gate Alliance Ltd v Minister for Natural Resources and Mines [2018] QSC 021 Molnar Engineering Pty Ltd v Burns (1984) 3 FCR 68 Onus v Alcoa of Australia Ltd (1981) 149 CLR 27 Pathmanathan v Healthscope Operations Pty Ltd [2020] FCA 65 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Ozone Theatres (Aust) Ltd [1949] HCA 22 Shumack v Commonwealth of Australia [2009] FCA 775 Spencer v The Commonwealth of Australia (2010) 241 CLR 118 Termi-Mesh Australia Pty Ltd v Josu Manufacturing Pty Ltd [1999] FCA 1241 Three Rivers District Council v Bank of England (No 3) [2003] 2 AC 1 White Industries Aust Ltd v Commissioner of Taxation (2007) 160 FCR 298
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