DFAT Annual Report 2005-2006 : Appendix 6 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 High Court rejected an application for special leave to appeal the Full Federal Court's decision to strike out a claim against the department.
The department provided documents and two employees provided oral evidence in the course of a prosecution for terrorism-related offences.
The department received an order for costs in its favour in relation to an unsuccessful action against the department regarding an FOI application.
The department sought to set aside a subpoena issued on the Minister for Foreign Affairs. The subpoena ultimately lapsed.
Documents were provided by the department in relation to four separate civil actions taken against other government agencies.
The department has provided documents and an employee has provided oral evidence in relation to an ongoing criminal prosecution.
The department participated in court-initiated mediation in the NSW Court of Appeal in relation to an action brought against the department for personal injury.
Legal proceedings against the department are continuing in the ACT Supreme Court in a personal injuries claim arising out of an incident at an overseas post.
Proceedings continued in the ACT Supreme Court challenging the issue of ministerial certificates relating to protest action outside an embassy.
The department is involved in an action brought against the Commonwealth in the High Court alleging that the Commonwealth was complicit in the maltreatment of an Australian overseas. The action has now been transferred to the Federal Court.
The department is involved in Federal Court action challenging the decision of the Attorney-General to prevent the applicant's lawyer being present during a closed session of the Administrative Appeals Tribunal (AAT).
The employee of an embassy contractor has appealed the decision of a Philippines tribunal dismissing a claim for unfair dismissal.
An appeal of a decision made by a tribunal in Manila dismissing an unfair dismissal claim by a former locally engaged employee has not yet concluded.
A court in Athens dismissed a further claim of unfair dismissal made by a former locally engaged employee.
One claimant continues to pursue damages in a French Court allegedly arising from a motor vehicle incident.
An application has been made to the Federal Court for review of an AAT decision dismissing an application for review of a decision by the department to issue a passport.
The department complied with an order to discover certain documents in response to a pre-trial discovery subpoena in the District Court of Western Australia.
A claim has been made in a Turkish court against the department for the alleged loss of a passport.
A person in Lebanon has initiated legal action alleging breach of contract by the department.

Tribunals

Thirteen decisions by the Minister for Foreign Affairs to cancel passports were appealed to the AAT. One application was withdrawn and one application dismissed. The new applications and several other appeals to the AAT from the previous year have not been finalised.
Two decisions concerning the issuing of passports to minors were appealed to the AAT and both were dismissed. One matter from the previous year was also dismissed. The AAT decided in favour of the applicant in another matter carried over from the previous year.
The department is the respondent in an AAT appeal made against the department's decision made under the Freedom of Information Act 1982.
The department is continuing to seek to settle administrative liabilities arising out of an earlier decision by a foreign tribunal against an overseas post in relation to an employment matter.

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