Hammond v The Commonwealth [1982] HCA 42

Hammond v The Commonwealth [1982] HCA 42

There is a real risk that the examination of the plaintiff before the Royal Commission, relating to matters central to his pending criminal proceedings, would prejudice his defence and interfere with the administration of justice, amounting to contempt of court; thus, an injunction restraining the Commissioner from examining the plaintiff is warranted but not extending to restraint on reporting generally as the risk of prejudice in reporting was deemed speculative.

Jurisdiction
Australia
Procedural Posture
Application for Interlocutory Injunction and Declaratory Relief / High Court Original Jurisdiction, Decision on Interlocutory Injunction
Outcome
Appeal dismissed. Injunction granted restraining examination of plaintiff as sought by paragraph (a) notice of motion, limited to plaintiff, but refused as sought by paragraph (b) (on reporting). Costs to plaintiff excluding costs of interim injunction application and costs of appeal from that order.
Legal Topics
['privilege Against Self Incrimination' 'royal Commissions' 'contempt of Court' 'interference With Administration of Justice']
['criminal Law' 'administrative Law' 'constitutional Law'] ['privilege Against Self Incrimination' 'royal Commissions' 'contempt of Court' 'interference With Administration of Justice']

Case Brief

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Procedural Posture

Application for Interlocutory Injunction and Declaratory Relief / High Court Original Jurisdiction, Decision on Interlocutory Injunction

Legal Issues

  1. 1 ['Whether examination of a plaintiff before a Royal Commission on matters relevant to pending criminal charges constitutes contempt of court and interference with the administration of justice' 'Whether the privilege against self-incrimination applies to witnesses before Royal Commissions under Royal Commissions Act 1902 (Cth) and Evidence Act 1958 (Vic)' "Whether the Commissioner should be restrained from reporting findings on matters relevant to the plaintiff's pending criminal proceedings"]

Ratio Decidendi

There is a real risk that the examination of the plaintiff before the Royal Commission, relating to matters central to his pending criminal proceedings, would prejudice his defence and interfere with the administration of justice, amounting to contempt of court; thus, an injunction restraining the Commissioner from examining the plaintiff is warranted but not extending to restraint on reporting generally as the risk of prejudice in reporting was deemed speculative.

Court Disposition

Appeal dismissed. Injunction granted restraining examination of plaintiff as sought by paragraph (a) notice of motion, limited to plaintiff, but refused as sought by paragraph (b) (on reporting). Costs to plaintiff excluding costs of interim injunction application and costs of appeal from that order.

Orders

  • ['Injunction granted as sought by par. (a) of notice of motion, limited to examination of plaintiff.' 'Injunction sought by par. (b) of notice of motion refused.' 'Plaintiff to have costs of action excluding costs of application for interim injunction and costs of appeal from that order.']