Fairfax v Commonwealth Director of Public Prosecutions B61/2002

This matter concerned an appeal by Fairfax against a decision of the Commonwealth Director of Public Prosecutions (CDPP). The core of the dispute revolved around the CDPP's decision to prosecute Fairfax for alleged contraventions of the *Broadcasting Services Act 1992* (Cth). The appeal was heard by Callinan and Heydon JJ of the High Court of Australia.

The central legal issue before the High Court was whether the CDPP had acted *ultra vires* in initiating proceedings against Fairfax. Specifically, the court was asked to consider whether the CDPP had exceeded its statutory authority or acted in bad faith in its decision to prosecute, thereby warranting judicial intervention to quash the proceedings.

Callinan and Heydon JJ found that the CDPP had not acted *ultra vires*. Their Honours held that the CDPP possessed the statutory power to prosecute for alleged breaches of the *Broadcasting Services Act 1992* and that there was no evidence to suggest that the decision to prosecute was made in bad faith or for an improper purpose. The court affirmed the principle that prosecutorial discretion is a broad power, and judicial review of such decisions is limited to instances where the power is exercised unlawfully or in bad faith, neither of which was established in this instance. Consequently, the appeal was dismissed.