Carrigan v Honourable Senator Michaelia Cash [2017] FCAFC 86

Carrigan v Honourable Senator Michaelia Cash [2017] FCAFC 86

The Full Court held that the primary judge's decision was not attended with sufficient doubt. The Heerey Report was prepared and provided, and later tabled, for the purpose of informing and assisting Parliament in relation to whether both Houses might consider an address to the Governor-General for the removal of Vice President Lawler. Those acts were proceedings in Parliament within s 16(2) of the Parliamentary Privileges Act 1987 (Cth). The applicant's claims would require evidence, statements, submissions or inferences concerning those proceedings for purposes prohibited by s 16(3), so the proceeding had no reasonable prospects and summary judgment was properly entered.

Jurisdiction
Australia
Judgment Date
31 May 2017
Procedural Posture
Application for Leave to Appeal From Summary Judgment in an Originating Application for Judicial Review / Full Court Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed.
Legal Topics
['parliamentary Privilege' 'proceedings in Parliament' 'summary Judgment' 'procedural Fairness' 'judicial Review' 'leave to Appeal']
['constitutional Law' 'administrative Law' 'practice and Procedure'] ['parliamentary Privilege' 'proceedings in Parliament' 'summary Judgment' 'procedural Fairness' 'judicial Review' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal From Summary Judgment in an Originating Application for Judicial Review / Full Court Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether the conduct of Mr Heerey in preparing and providing his report and the Minister's conduct in tabling and publishing the redacted report were acts done in the course of, or for purposes of or incidental to, the transacting of the business of a House within s 16(2) of the Parliamentary Privileges Act 1987 (Cth)." 'Whether the Heerey Report was prepared for purposes of or incidental to the transacting of parliamentary business within s 16(2)(c) of the Parliamentary Privileges Act 1987 (Cth).' "Whether s 16(3) of the Parliamentary Privileges Act 1987 (Cth) precluded the applicant's proposed judicial review case and supported summary judgment." "Whether the primary judge's decision was attended with sufficient doubt to warrant reconsideration by the Full Court."]

Ratio Decidendi

The Full Court held that the primary judge's decision was not attended with sufficient doubt. The Heerey Report was prepared and provided, and later tabled, for the purpose of informing and assisting Parliament in relation to whether both Houses might consider an address to the Governor-General for the removal of Vice President Lawler. Those acts were proceedings in Parliament within s 16(2) of the Parliamentary Privileges Act 1987 (Cth). The applicant's claims would require evidence, statements, submissions or inferences concerning those proceedings for purposes prohibited by s 16(3), so the proceeding had no reasonable prospects and summary judgment was properly entered.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['The application for leave to appeal be dismissed.' 'The applicant pay the costs of the first and third respondents, as agreed or taxed.']