Commonwealth of Australia v Toohey

The Commonwealth of Australia applied to the High Court for the continuation of interim injunctions previously granted ex parte by the Court. The defendant, Mr. Toohey, was represented by counsel. The Commonwealth also sought to have the matter remitted to the Federal Court for determination.

The primary legal issues before the High Court were whether to continue the interim injunctions and whether to remit the proceedings to the Federal Court. A related issue concerned the disclosure of a document upon which the Minister's belief, forming the basis of the proceedings, was founded, particularly in light of the defendant's counsel's inability to access it.

The Commonwealth argued for the continuation of the injunctions pending determination in the Federal Court. It informed the Court that an issue of "The Eye" journal had appeared on news-stands, although inquiries suggested limited availability on the day prior to the application. The Commonwealth proposed that the document forming the basis of the Minister's belief be shown to the defendant's counsel, Mr. Basten, under an undertaking not to disclose its contents without leave of the Court.

The Court was considering the application to continue the interim injunctions and the application to remit the matter to the Federal Court. The specific orders made by the High Court are not detailed in this excerpt, but the proceedings indicate a path forward involving disclosure to the defendant's counsel and potential transfer to the Federal Court.