Flegg v Hallet

Flegg brought an action against Hallet for defamation following a publication by Hallet that questioned the accuracy of a lobbyist register that Flegg had tabled at a parliamentary committee hearing. Hallet raised the defence of honest opinion and also challenged the accuracy of the lobbyist register. Flegg submitted that Hallet was precluded from challenging the accuracy of the lobbyist register by virtue of s 8 of the Parliament of Queensland Act 2001 (Qld) and that s 9(3) of the Act excluded the application of s 8 to the lobbyist register. The court was required to determine the extent to which s 8 precluded a challenge to the accuracy of the lobbyist register and whether s 9(3) excluded the application of s 8 to the lobbyist register. The court also considered whether s 36 of the Act was relevant to the proceedings.

The court held that s 8(1) did not preclude a challenge to the accuracy of the lobbyist register, as it was not limited to challenges to the accuracy of answers given by witnesses before a parliamentary committee. The court also held that s 9(3) did not exclude the application of s 8 to the lobbyist register. The court found that s 36(1) only came into effect when a person was compelled to answer a question or produce a document to the Legislative Assembly or a parliamentary committee despite objection on a ground identified in s 34 of the Act, and that the intention should be imputed to the legislature. The court ruled that s 36 of the Act was of no relevance to the questions which had thus far been raised in the case.

The court ruled that s 36 of the Parliament of Queensland Act 2001 (Qld) was of no relevance to the questions which had thus far been raised in the case and that s 8(1) did not prevent Hallet from challenging the accuracy of the lobbyist register.