AGU v Commonwealth of Australia [2013] NSWCA 333

AGU v Commonwealth of Australia [2013] NSWCA 333

As the severability of the constitutional inconsistency and construction issues cannot be assured and considering the overriding purpose of the Civil Procedure Act 2005 (NSW), all issues should be heard together rather than in separate parts.

Parties
Applicant: AGU; Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
10 October 2013
Procedural Posture
Interlocutory Application / Directions/orders Pre Hearing
Outcome
Interlocutory orders and directions made for joint hearing; previous order vacated; further submissions timetable set.
Legal Topics
Severability of Constitutional Issue, Obligation to Facilitate Just Resolution, Jurisdictional Inconsistency, Notice of Constitutional Matter
Civil Procedure Constitutional Law Privacy Law Severability of Constitutional Issue Obligation to Facilitate Just Resolution Jurisdictional Inconsistency Notice of Constitutional Matter

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Parties

AGU

Applicant

Commonwealth of Australia

Respondent

Procedural Posture

Interlocutory Application / Directions/orders Pre Hearing

Legal Issues

  1. 1 Whether the State privacy acts apply to Centrelink as a Commonwealth agency
  2. 2 Whether the State Acts are inconsistent with Commonwealth legislation under s 109 of the Constitution
  3. 3 Whether constitutional and construction issues are severable for hearing

Ratio Decidendi

As the severability of the constitutional inconsistency and construction issues cannot be assured and considering the overriding purpose of the Civil Procedure Act 2005 (NSW), all issues should be heard together rather than in separate parts.

Court Disposition

Interlocutory orders and directions made for joint hearing; previous order vacated; further submissions timetable set.

Orders

  • Vacate order 3 made on 23 July 2013.
  • Direct the Commonwealth to file written submissions (max 10 pages) in support of its notice of contention on or before 31 October 2013.