McEwan v Office of the Australian Information Commissioner [2022] FCA 955

McEwan v Office of the Australian Information Commissioner [2022] FCA 955

The interlocutory orders sought were not apt or necessary for the judicial review proceedings because the review concerned the legality of the Information Commissioner's satisfaction on the material before the decision-maker on 26 April 2022, not an inquisitorial examination of ATO officers or further factual development. The proposed joinder, interrogatories, referral to a referee, and requirement for early defences would not assist the proper exercise of judicial power, and costs should follow the event.

Jurisdiction
Australia
Judgment Date
05 July 2022
Procedural Posture
Judicial Review of a Decision of the Information Commissioner Under S 41(1)(a) of the Privacy Act 1988 (cth) Not to Investigate a Complaint / Interlocutory Application for Miscellaneous Orders and Case Management Directions
Outcome
The applicant's interlocutory application filed on 30 June 2022 was dismissed in both QUD 181 of 2022 and QUD 199 of 2022; the proceedings were ordered to be case managed and heard together; the applicant was ordered to pay the respondents' costs of and incidental to the interlocutory application.
Legal Topics
['judicial Review of Satisfaction Based Administrative Decision' 'privacy Act Complaint Investigation' 'interlocutory Orders' 'joinder' 'interrogatories' 'referral to Referee' 'case Management' 'costs']
['administrative Law' 'practice and Procedure' 'privacy Law' 'taxation Administration'] ['judicial Review of Satisfaction Based Administrative Decision' 'privacy Act Complaint Investigation' 'interlocutory Orders' 'joinder' 'interrogatories' 'referral to Referee' 'case Management' 'costs']

Case Brief

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Procedural Posture

Judicial Review of a Decision of the Information Commissioner Under S 41(1)(a) of the Privacy Act 1988 (cth) Not to Investigate a Complaint / Interlocutory Application for Miscellaneous Orders and Case Management Directions

Legal Issues

  1. 1 ['Whether the applicant should obtain interlocutory orders requiring statements or documents from ATO officers concerning alleged disclosures of protected information' 'Whether Mr Rains and Mr Challans of the ATO should be joined as respondents' 'Whether leave should be granted for interrogatories directed to questions of law' 'Whether questions should be referred to a referee' 'Whether respondents should be required to file defences before mediation' 'Whether costs should follow the event despite the applicant acting in person and in good faith']

Ratio Decidendi

The interlocutory orders sought were not apt or necessary for the judicial review proceedings because the review concerned the legality of the Information Commissioner's satisfaction on the material before the decision-maker on 26 April 2022, not an inquisitorial examination of ATO officers or further factual development. The proposed joinder, interrogatories, referral to a referee, and requirement for early defences would not assist the proper exercise of judicial power, and costs should follow the event.

Court Disposition

The applicant's interlocutory application filed on 30 June 2022 was dismissed in both QUD 181 of 2022 and QUD 199 of 2022; the proceedings were ordered to be case managed and heard together; the applicant was ordered to pay the respondents' costs of and incidental to the interlocutory application.

Orders

  • ['QUD 181 of 2022: The interlocutory application filed by the applicant on 30 June 2022 be dismissed.' 'QUD 181 of 2022: Pursuant to s 37P of the Federal Court of Australia Act 1976 (Cth), this proceeding be case managed and heard together with proceeding QUD199/2022.' "QUD 181 of 2022: The applicant pay the...