Rivera v USA

This matter concerned an application by Rivera for leave to appeal to the High Court of Australia against a decision of the Full Federal Court. The dispute arose from an application made by Rivera to the Australian Securities and Investments Commission (ASIC) for access to documents held by ASIC, which Rivera believed were relevant to proceedings he had commenced against the United States of America (USA). ASIC had refused Rivera's application, and the Full Federal Court had upheld ASIC's decision.

The primary legal issue before Gummow J, sitting in chambers, was whether Rivera had demonstrated an arguable case of error in the Full Federal Court's decision, which is the threshold for granting leave to appeal to the High Court. Specifically, the court needed to consider whether the Full Federal Court had correctly interpreted and applied the provisions of the *Administrative Appeals Tribunal Act 1975* (Cth) and the *Freedom of Information Act 1982* (Cth) in relation to ASIC's power to refuse access to documents.

Gummow J noted that the Full Federal Court had found that the documents Rivera sought were not "documents in the nature of a public record" as contemplated by the relevant legislation, and that ASIC had acted within its discretion in refusing access. His Honour considered Rivera's submissions regarding the alleged misinterpretation of statutory provisions and the potential for the Full Federal Court's decision to create an adverse precedent. However, Gummow J concluded that Rivera had not established an arguable case of error sufficient to warrant granting leave to appeal.

Consequently, Gummow J dismissed Rivera's application for leave to appeal.