Haskins v The Commonwealth of Australia; Nicholas v The Commonwealth of Australia & Anor [2011] HCATrans 77

The High Court of Australia heard applications for special leave to appeal in *Haskins v The Commonwealth of Australia* and *Nicholas v The Commonwealth of Australia & Anor*. The applicants, Mr. Haskins and Mr. Nicholas, sought to appeal decisions of the Federal Court of Australia concerning their claims against the Commonwealth. The core of the dispute involved allegations of breaches of duty of care by Commonwealth agencies, specifically in relation to the applicants' involvement in the "Green Card" scheme, a program designed to assist Vietnamese refugees.

The primary legal issue before the High Court was whether the Federal Court had erred in finding that the Commonwealth owed no duty of care to the applicants in relation to the administration and operation of the Green Card scheme. This involved considering whether the Commonwealth's actions, or omissions, in managing the scheme gave rise to a legal duty to prevent harm to individuals participating in it, and whether any such duty had been breached. The applicants contended that the Commonwealth's conduct had led to their suffering significant detriment.

The High Court, in refusing special leave to appeal, indicated that the applicants had not demonstrated an arguable error of law in the Federal Court's findings. The Federal Court had previously determined that the relationship between the Commonwealth and the applicants did not establish a novel duty of care, nor did it fall within established categories of duty. The High Court considered that the Federal Court's analysis of the scope of the Commonwealth's responsibilities in relation to the scheme, and its conclusion that no duty of care was owed in the circumstances presented, was sound and did not warrant further appellate review.