Her Majesty's Attorney-General in and for the United Kingdom

Her Majesty's Attorney-General in and for the United Kingdom was the appellant in proceedings before the High Court of Australia, appealing a decision of the Court of Appeal of the Supreme Court of New South Wales. The respondents were Heinemann Publishers Australia. The dispute concerned the publication of a book, referred to as "Spycatcher," and the appellant sought an injunction, declarations, an account of profits, and a declaration of a constructive trust in relation to the copyright of the book.

The High Court was required to determine whether the Australian courts had jurisdiction to grant the relief sought by the Attorney-General. Specifically, the court had to consider whether the proceedings were an attempt to enforce the public law of the United Kingdom, and if so, whether any Australian government support for the appellant's claim conferred jurisdiction. The court also had to consider the nature of the relationship between the parties, including whether it was contractual or fiduciary, and the terms of any such fiduciary relationship.

The Court of Appeal had dismissed the appellant's proceedings. Mr Justice Kirby in the Court of Appeal held that the action was for the enforcement of the public law of secrecy of the United Kingdom and therefore the court lacked jurisdiction. Mr Justice Street, however, disagreed, finding that the Australian Government's support for the appellant's claim conferred jurisdiction despite the action being for the enforcement of United Kingdom public law. Mr Justice McHugh did not decide the matter. Mr Justice Kirby also rejected a submission that the relationship was one of contract, but held that a fiduciary relationship did exist, with terms akin to those that would have been imposed by equity.