Molomby v Whitehead

The case of Molomby v Whitehead involved the applicant, Molomby, who sought judicial review of a decision made by the Managing Director of the Australian Broadcasting Corporation (ABC), the first respondent, to deny Molomby's request for access to certain corporate documents. The second respondent was the ABC itself. Molomby, a Director of the ABC, had made a formal request for access to documents on 2 September 1985, which was subsequently denied by the Managing Director. The dispute centred on the legality of this decision under the Administrative Decisions (Judicial Review) Act 1977.

The primary legal issue the court had to address was whether the decision made by the Managing Director was an administrative decision made "under" an enactment, as required by section 3(1) of the Administrative Decisions (Judicial Review) Act 1977. Additionally, the court needed to determine if there was an error of law in the Managing Director's decision to deny Molomby access to the requested documents. The court examined the scope of the Managing Director's authority and whether the decision fell within the purview of the Act, considering the internal governance and operational policies of the ABC.

In its reasoning, the court found that the decision made by the Managing Director did constitute an administrative decision made "under" an enactment, as it was part of the ABC's internal governance framework. The court further determined that there was indeed an error of law in the Managing Director's decision, as it did not properly consider Molomby's entitlement to access the documents as a Director of the ABC. Consequently, the court ruled in favour of Molomby, declaring that he is entitled to access the documents he had requested, so long as he remains a Director of the ABC.

The final orders of the court included a declaration that Molomby is entitled to access the requested documents, the reservation of liberty for Molomby to apply for further relief if necessary, and an order that the respondents pay Molomby's costs of the proceeding. These orders were made in accordance with Order 36 of the Federal Court Rules, governing the settlement and entry of orders.