Snedden v Minister for Justice for the Commonwealth of Australia & Anor

The applicants, Mr Snedden and Mr. Snedden's wife, sought judicial review of decisions made by the Minister for Justice for the Commonwealth of Australia and the Commissioner of the Australian Federal Police. The dispute concerned the applicants' entitlement to access certain documents held by the respondents, which they claimed were relevant to their defence in criminal proceedings. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the applicants were entitled to access the documents under the *Freedom of Information Act 1982* (Cth) or, alternatively, under the common law. Specifically, the court had to determine if the documents were exempt from disclosure under the *Freedom of Information Act* and, if not, whether the common law provided a right of access in the circumstances.

In their reasoning, Hayne and Nettle JJ considered the provisions of the *Freedom of Information Act* and relevant case law concerning the exemptions claimed by the respondents. They found that the documents were exempt from disclosure under the Act. The Court also considered the applicants' alternative claim for access under the common law, noting that while a limited common law right of access to documents might exist in certain circumstances, it did not extend to the situation presented in this case, particularly given the existence of statutory provisions governing access to government documents.

The High Court dismissed the application for judicial review.