Attorney-General of the Commonwealth of Australia v Commonwealth of Australia & Ors

Case

[2024] HCASL 24


ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA

v

COMMONWEALTH OF AUSTRALIA & ORS

[2024] HCASL 24
C16/2023

  1. Pursuant to section 40(1) of the Judiciary Act 1903 (Cth), the whole of the cause pending in the Full Court of the Federal Court of Australia being proceeding numbered NSD 1091/2023 be removed into the High Court of Australia.

  2. The costs of the removal application be costs in the cause.      

  3. Note the agreement of the first respondent and the second respondent that the first respondent:

    (a)             will not seek costs from the second respondent in this Court and will not seek to disturb the costs order in the second respondent's favour made by the Federal Court of Australia; and

    (b)            will pay the second respondent's reasonable costs of the removal application and of the appeal on a party-party basis.

  4. Note the agreement of the second respondent and the third respondent that the third respondent will not seek costs from the second respondent in this Court and will not seek to disturb the costs order in the second respondent's favour made by the Federal Court of Australia.

  5. For the purposes of the removed appeal the second respondent be assigned the pseudonym "Mr Stradford" and his former wife be assigned the pseudonym "Mrs Stradford".

  6. On the ground set out in section 77RF(1)(a) of the Judiciary Act 1903 (Cth), the publication of any information which may tend to reveal the identity of the second respondent or his former wife be prohibited under section 77RE of that Act until further order.

    Gageler CJ
    Gordon J
    Edelman J
    Steward J
    Gleeson J
    Jagot J

    Beech-Jones J

    8 February 2024

Areas of Law

  • Constitutional Law

Legal Concepts

  • Jurisdiction

  • Res Judicata

  • Judicial Review

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