Hocking v Director-General of the National Archives of Australia [2020] HCA 19

HIGH COURT OF AUSTRALIA

KIEFEL CJ, BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJ

JENNIFER HOCKING APPELLANT

AND

DIRECTOR-GENERAL OF THE NATIONAL ARCHIVES OF AUSTRALIA RESPONDENT

Hocking v Director-General of the National Archives of Australia [2020] HCA 19 Date of Hearing: 4 & 5 February 2020 Date of Judgment: 29 May 2020 S262/2019

ORDER

1. Appeal allowed.

2. Set aside the orders of the Full Court of the Federal Court of Australia made on 8 February 2019 and, in their place, order that:

(a) the appeal to the Full Court be allowed;

(b) the orders of Griffiths J made on 16 March 2018 be set aside and, in their place, it be:

(i) declared that the contents of Record AA1984/609 ("the deposited correspondence") constitute Commonwealth records within the meaning of the Archives Act 1983 (Cth);

(ii) ordered that a writ of mandamus issue to compel the Director-General of the National Archives of Australia to reconsider Professor Hocking's request for access to the deposited correspondence; and

(iii) ordered that the Director-General of the National Archives of Australia pay Professor Hocking's costs at first instance; and

(c) the Director-General of the National Archives of Australia pay Professor Hocking's costs of the appeal to the Full Court.

3. The Director-General of the National Archives of Australia pay Professor Hocking's costs of this appeal.

On appeal from the Federal Court of Australia

Representation

B W Walker SC with T J Brennan for the appellant (instructed by Corrs Chambers Westgarth)

S P Donaghue QC, Solicitor-General of the Commonwealth, with C L Lenehan SC, D M Forrester and J A G McComish for the respondent and the Attorney-General of the Commonwealth, intervening (instructed by Australian Government Solicitor)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.