FEDERAL COURT OF AUSTRALIA
Carrigan v Honourable Senator Michaelia Cash [2017] FCAFC 86
Appeal from: Application for leave to appeal: Carrigan v Honourable Senator Michaelia Cash [2016] FCA 1466 File number: NTD 63 of 2016 Judges: DOWSETT, BESANKO AND ROBERTSON JJ Date of judgment: 31 May 2017 Catchwords: CONSTITUTIONAL LAW – originating application for judicial review of a report provided to the Minister of Employment – redacted copy of report tabled in Parliament – whether conduct of the author of the report and the Minister constituted “acts done in the course of, or for purposes of or incidental to, the transacting of the business of a House [of the Australian Parliament]” within s 16(2) of the Parliamentary Privileges Act 1987 (Cth) – whether the report was prepared “for purposes of or incidental to the transacting of any [business of a House of the Australian Parliament]” within s 16(2)(c) of that Act
PRACTICE AND PROCEDURE – appeal from orders of primary judge striking out statement of claim and entering summary judgment for the respondents – originating application for judicial review of a report provided to the Minister of Employment – redacted copy of report tabled in Parliament – whether conduct of the author of the report and the Minister constituted “acts done in the course of, or for purposes of or incidental to, the transacting of the business of a House [of the Australian Parliament]” within s 16(2) of the Parliamentary Privileges Act 1987 (Cth) – whether the report was prepared “for purposes of or incidental to the transacting of any [business of a House of the Australian Parliament]” within s 16(2)(c) of that Act
Legislation: Fair Work Act 2009 (Cth) s 641A
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Sch 18
Federal Court of Australia Act 1976 (Cth) ss 24, 31A
Parliamentary Privileges Act 1987 (Cth) ss 16, 17
Workplace Relations Act 1996 (Cth) s 82
Cases cited: Amann Aviation Pty Ltd v Commonwealth of Australia [1988] FCA 24; 19 FCR 223
Decor Corp Pty Ltd v Dart Industries Inc [1991] FCA 655; 33 FCR 397
Prebble v Television New Zealand Limited [1995] 1 AC 321
Spencer v Commonwealth of Australia [2010] HCA 28; 241 CLR 118
Date of hearing: 22 May 2017 Registry: Northern Territory Division: General Division National Practice Area: Administrative and Constitutional Law and Human Rights Category: Catchwords Number of paragraphs: 48 Counsel for the Applicant: The Applicant appeared in person Counsel for the First and Third Respondents: Mr T Begbie Solicitor for the Respondents: Australian Government Solicitor Counsel for the Second Respondent: The Second Respondent submitted save as to costs ORDERS
NTD 63 of 2016 BETWEEN: JANE CARRIGAN
Applicant
AND: THE HONOURABLE SENATOR MICHAELIA CASH IN HER CAPACITY AS MINISTER FOR EMPLOYMENT
First Respondent
PETER HEEREY
Second Respondent
COMMONWEALTH OF AUSTRALIA
Third Respondent
JUDGES:
DOWSETT, BESANKO AND ROBERTSON JJ
DATE OF ORDER:
31 MAY 2017
THE COURT ORDERS THAT:
1.The application for leave to appeal be dismissed.
2.The applicant pay…
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- Case
- [2017] FCAFC 86
- Decision Date
CaseChat Overview and Summary
The court examined whether the report's preparation and subsequent actions by the respondents were protected under parliamentary privilege. The court considered whether the report's preparation and the Minister's use of it in her role constituted acts done in the course of, or for purposes of, or incidental to, the transacting of the business of a House of the Australian Parliament. The court also assessed whether the report was prepared for purposes of, or incidental to, the transacting of any business of a House of the Australian Parliament. The court found that the actions of the respondents were protected by parliamentary privilege and that the report was prepared for purposes of, or incidental to, the transacting of any business of a House of the Australian Parliament.
The court dismissed the application for leave to appeal, holding that the report's author and the Minister's conduct were protected by parliamentary privilege. The court also held that the report was prepared for purposes of, or incidental to, the transacting of any business of a House of the Australian Parliament. Consequently, the applicant was ordered to pay the costs of the first and third respondents, as agreed or taxed.
Orders
Orders of the court
1. The application for leave to appeal be dismissed.
2. The applicant pay the costs of the first and third respondents, as agreed or taxed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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