Fitzgibbon v Turnbull [2017] FCA 968

Fitzgibbon v Turnbull [2017] FCA 968

Section 64 of the Freedom of Information Act 1982 (Cth), read with s 39 of the Administrative Appeals Tribunal Act 1975 (Cth), precludes the Tribunal from ordering inspection by the applicant’s legal representatives of a document not in its possession and not proposed to be relied upon by the Tribunal; the Tribunal did not err in refusing to make such an order or in concluding it had no such power at the relevant interlocutory stage.

Jurisdiction
Australia
Judgment Date
17 August 2017
Procedural Posture
Judicial Review Application / Judgment on Interlocutory Judicial Review of Administrative Appeals Tribunal Decision
Outcome
Application for judicial review dismissed
Legal Topics
['access to Documents' 'procedural Fairness' 'official Documents of a Minister' 'statutory Interpretation' 'judicial Review']
['administrative Law' 'freedom of Information'] ['access to Documents' 'procedural Fairness' 'official Documents of a Minister' 'statutory Interpretation' 'judicial Review']

Case Brief

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Procedural Posture

Judicial Review Application / Judgment on Interlocutory Judicial Review of Administrative Appeals Tribunal Decision

Legal Issues

  1. 1 ["Whether the Administrative Appeals Tribunal had power under s 39 of the Administrative Appeals Tribunal Act 1975 (Cth) to order that the applicant's legal representatives be allowed to inspect the Coalition Agreement" 'Whether the Tribunal erred in concluding it would not make such an order, or would decline to exercise any such power if it existed']

Ratio Decidendi

Section 64 of the Freedom of Information Act 1982 (Cth), read with s 39 of the Administrative Appeals Tribunal Act 1975 (Cth), precludes the Tribunal from ordering inspection by the applicant’s legal representatives of a document not in its possession and not proposed to be relied upon by the Tribunal; the Tribunal did not err in refusing to make such an order or in concluding it had no such power at the relevant interlocutory stage.

Court Disposition

Application for judicial review dismissed

Orders

  • ['The applicant is granted leave to rely on his Second Amended Notice of Appeal and Originating Application dated 11 August 2017.' 'That application is dismissed.' 'The applicant is to pay the costs of the first respondent, as agreed or as taxed.']