Gersten v Minister for Immigration & Multicultural Affairs [2000] FCA 922

Gersten v Minister for Immigration & Multicultural Affairs [2000] FCA 922

The applicant and his solicitor improperly disclosed and handled documents exempt under the FOI Act, in contravention of s 64(6). Their conduct warranted an award of indemnity costs as their actions undermined the objects of the FOI Act and constituted a serious dereliction of professional duty.

Parties
Applicant: Joseph Morris Gersten; Respondent: Minister for Immigration and Multicultural Affairs; Respondent: Australian Federal Police; Solicitor for Applicant: Alex Lee
Jurisdiction
Australia
Judgment Date
07 July 2000
Procedural Posture
Appeal / Interlocutory Application for Indemnity Costs
Outcome
Application for indemnity costs granted against applicant and solicitor
Legal Topics
Interlocutory Injunctions, Indemnity Costs, Solicitor Misconduct, Handling of Exempt Documents
Administrative Law Freedom of Information Interlocutory Injunctions Indemnity Costs Solicitor Misconduct Handling of Exempt Documents

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Parties

Joseph Morris Gersten

Applicant

Minister for Immigration and Multicultural Affairs

Respondent

Australian Federal Police

Respondent

Alex Lee

Solicitor for Applicant

Procedural Posture

Appeal / Interlocutory Application for Indemnity Costs

Legal Issues

  1. 1 Whether indemnity costs should be awarded against the applicant and his solicitor for improper disclosure and handling of FOI exempt documents
  2. 2 Whether disclosure of exempt documents to parties outside the court was in contravention of s 64(6) of the Freedom of Information Act 1982
  3. 3 Whether a costs order should be made against a solicitor who is not a party

Ratio Decidendi

The applicant and his solicitor improperly disclosed and handled documents exempt under the FOI Act, in contravention of s 64(6). Their conduct warranted an award of indemnity costs as their actions undermined the objects of the FOI Act and constituted a serious dereliction of professional duty.

Court Disposition

Application for indemnity costs granted against applicant and solicitor

Orders

  • The applicant and his solicitor Alex Lee pay to the respondent on the indemnity basis its costs of the motion filed in Court on 31 May 2000, including the costs of the hearings on 31 May, 2 June and 14 June 2000.