DFAT Annual Report 2003-2004 : Appendix 7 Decisions by courts and administrative tribunals

Decisions by courts and administrative tribunals

During the year the department was involved in the following matters before courts and administrative tribunals.

Courts

The Federal Court made costs orders in favour of the department in a matter arising from a long-running contractual dispute.
The department responded to two discovery orders in relation to proceedings under way in the Victorian Supreme Court against another Australian Government agency. One of these matters was settled; the second is ongoing. The department also responded to a discovery order in relation to proceedings under way before the ACT Supreme Court against another Australian Government agency.
The High Court deemed that an application for special leave to appeal a Federal Magistrates Court decision (affirming a Human Rights and Equal Opportunity Commission (HREOC) decision in favour of the department) was abandoned by the applicant.
The department appealed a preliminary decision made by the NSW Supreme Court relating to jurisdictional issues in a personal injuries claim against the department. The appeal has not been heard yet.
The department sought to have set aside a subpoena served on the Minister for Foreign Affairs (along with other Commonwealth Ministers) in a family law matter. A decision has not been handed down yet.
Legal proceedings against the department continued in the ACT Supreme Court in another personal injuries claim arising out of an incident at an overseas post. The matter is ongoing.
A claim for unspecified damages against the department and another Australian Government agency was struck out by the Federal Court in favour of the Commonwealth for not disclosing a cause of action. An appeal has been lodged by the applicant.
The department commenced proceedings in the ACT Magistrates' Court for recovery of a financial grant.

Tribunals

A foreign tribunal dismissed a claim by a former locally engaged employee in favour of the department.
A foreign local labour court heard a compensation claim by a locally engaged employee against the department. A decision has not yet been handed down.
The Administrative Appeals Tribunal (AAT) overturned a decision not to issue a passport to a minor.
Four decisions by the Minister for Foreign Affairs to cancel passports were appealed to the AAT. No hearings have been held yet. One related application to stay a decision by the Minister for Foreign Affairs to cancel a passport was withdrawn.
A foreign tribunal dismissed an unfair dismissal claim by a former locally engaged employee.
A foreign tribunal found an unfair dismissal claim by a former locally engaged employee to be out-of-time.
The department sought to settle administrative liabilities arising out of an earlier decision by a foreign tribunal against an overseas post in relation to an unfair dismissal claim by a former locally engaged employee. The matter is ongoing.
An application before the AAT for review of a Freedom of Information (FOI) decision was struck out as no action had been taken by the applicant since 2001.
An application before the AAT for review of an FOI decision by the department was withdrawn by the applicant.
Three applications were made to the AAT for review of FOI decisions by the department. Two of these matters have been heard but decisions have not been handed down yet.
The HREOC dismissed, in favour of the Minister for Foreign Affairs, a matter relating to the International Covenant on Civil and Political Rights.
The HREOC dismissed a claim made by a former locally engaged employee on the basis that it did not have jurisdiction.
The AAT dismissed, in favour of the Commonwealth, two appeals in respect of security clearance decisions relating to the department.
An unfair dismissal claim before the Australian Industrial Relations Commission was settled.

Next page: Ecologically sustainable development and environmental performance
Previous page: Inquiries by parliamentary committees

Australian Government
Department of Foreign Affairs and Trade
Home | Copyright | Disclaimer | Privacy