Combet & Anor v Commonwealth of Australia & Ors

The applicants, Mr. Combet and Mr. Smith, sought to bring proceedings against the Commonwealth of Australia and various other respondents, including the Attorney-General and the Minister for Defence. The dispute concerned the alleged unlawful disclosure of confidential information by officers of the Australian Security Intelligence Organisation (ASIO) to a journalist, which the applicants claimed breached their privacy and constituted a misuse of Commonwealth information. The matter came before the High Court of Australia.

The central legal issues before the High Court were whether the applicants had established a cause of action for breach of confidence, and if so, whether the Commonwealth and its officers were liable for such a breach. The Court was required to consider the nature of the duty of confidence in Australian law, particularly in the context of government information and the actions of intelligence agencies, and the extent to which such a duty could be enforced against the Commonwealth.

The High Court ultimately held that the applicants had failed to establish a cause of action for breach of confidence. The Court reasoned that the information disclosed by ASIO officers, while confidential, did not meet the threshold requirements for a breach of confidence claim as established in Australian jurisprudence. Specifically, the Court found that the information was not imparted in circumstances importing an obligation of confidence, nor was it of a nature that would attract equitable protection. Furthermore, the Court considered that the statutory framework governing ASIO's operations and the disclosure of information did not create a private right of action for breach of confidence in this context. The applications were dismissed.