Attorney-General (UK) v Heinemann Publishers Australia Pty Ltd

The Attorney-General of the United Kingdom sought to restrain the publication in Australia of a book, *The Secret Diary of Hendrik Verwoerd*, by Heinemann Publishers Australia Pty Ltd. The Attorney-General contended that the publication would be contrary to the public interest of the United Kingdom, as it contained sensitive information concerning national security and international relations, and that its publication in Australia would prejudice the United Kingdom's ability to maintain its international standing and security. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the Attorney-General of the United Kingdom could, by relying on the common law of Australia, obtain an injunction to prevent the publication of the book in Australia on the grounds that such publication would be contrary to the public interest of the United Kingdom. This involved considering the extent to which Australian courts should grant relief based on the public interest of a foreign sovereign state, particularly when that interest related to national security and international affairs.

Deane J, in his judgment, considered the principles of private international law and the doctrine of sovereign immunity. His Honour concluded that the common law of Australia did not extend to granting injunctive relief to a foreign sovereign in such circumstances. The court's jurisdiction to grant equitable relief was primarily concerned with protecting rights and interests recognised by Australian law. While acknowledging the importance of international relations and national security, Deane J held that the assertion of a foreign public interest, without a corresponding legal right or interest enforceable under Australian law, was insufficient to found an action for restraint of publication in Australian courts. The court distinguished between the enforcement of foreign public law, which is generally not permissible, and the recognition of foreign sovereign interests in limited contexts, such as commercial dealings.

The application for an injunction was dismissed.