DFAT Annual Report 2006-2007 : Appendix 6 Decisions by courts and administrative tribunals

Matters before courts and administrative tribunals

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

Courts

An application to the Federal Court to review an Administrative Appeals Tribunal (AAT) decision regarding the applicant’s passport was dismissed.
The Supreme Court of the ACT dismissed a case challenging the issue of ministerial certificates relating to protest action outside an embassy on the basis that settlement had been reached.
An action in the Federal Court to compel the Commonwealth to request the release of an Australian held by a foreign government was discontinued.
A personal injury action in the Supreme Court of NSW was settled with a verdict entered in the Commonwealth’s favour.
The department provided documents and other assistance to an inquest undertaken by the Coroner’s Court of NSW.
The department continues to pursue costs awarded in its favour in two cases.
The department is involved in a Federal Court action brought against the Commonwealth alleging that the Commonwealth was complicit in the maltreatment of an Australian overseas.
The department is assisting the Coroner’s Court of Victoria in relation to an inquiry into the death of an Australian overseas.
The department opposed a contempt order sought against the Secretary in the Supreme Court of NSW.
The department is involved in a retrial for terrorism-related offences in the Supreme Court of Victoria, to the extent that evidence provided by the department during the initial trial is relied on at the retrial.
Legal proceedings against the department are continuing in the Supreme Court of the ACT in a personal injuries claim arising out of an incident at an overseas post.
The department continued to comply with discovery obligations in matters brought against other government agencies.
The plaintiffs who lodged a property claim in the Ambon District Court against the Commonwealth withdrew their legal action.
A Turkish court rejected a claim against the department for the alleged loss of a passport.
Employment actions in a Greek court by two former locally engaged staff in Athens were ruled to be inadmissible.
An appeal of an unfair dismissal decision lodged by a former locally engaged staff member in Manila was dismissed.
The department is defending an employment matter brought in a German court by a former contractor in Berlin.
The department is defending an action in a Belgian court regarding a car accident involving an Australian embassy vehicle.
A former locally engaged staff member in Paris has brought a medical compensation claim in a French court.
The department is awaiting the outcome of an appeal of a decision of a Philippines tribunal dismissing a claim for unfair dismissal lodged by an employee of an embassy contractor.
The department is involved in an employment action in an Italian court brought by a former locally engaged staff member in Rome.
A claimant continues to pursue damages in a Belgian court allegedly arising from a motor vehicle accident involving the Australian embassy’s contracted removalists.
A person in Lebanon continues legal action alleging breach of contract by the department.

Tribunals

The department continued to be involved in applications before the AAT concerning decisions to not issue, or to cancel, a passport. During the year 18 applications for review were concluded. Eight decisions of the Minister or department were affirmed, one decision of the department was set aside and nine applications were either withdrawn or dismissed. At the end of the financial year, there were 23 active applications before the AAT for review of passport decisions.
The department is defending a matter brought by a former employee in the Australian Industrial Relations Commission.
The department is the respondent to an application to the AAT in relation to review of a 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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