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Appendix 6

Matters before courts and administrative tribunals

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

Courts

• The department provided documents and other assistance to an inquest undertaken by the Coroner’s Court of NSW.
• We are pursuing costs awarded in our favour in three cases and recovered costs in relation to a further matter.
• We are involved in a Federal Court action brought against the Commonwealth alleging that the Commonwealth was complicit in the maltreatment of an Australian overseas.
• We are assisting an inquiry by the Coroner’s Court of Victoria into the death of an Australian overseas.
• A claim brought against the department in relation to the handling of personal information and matters related to the Freedom of Information Act 1982 was discontinued by the claimant at an early stage.
• We are opposing an appeal by a claimant against the decision of a foreign court rejecting a claim against the department for alleged loss of a passport.
• The department is awaiting a decision in two employment actions brought in a foreign court by former locally engaged staff members.
• We are involved in a claim for reinstatement by a former household staff member of a departmental officer at an overseas post.
• We are defending an employment matter brought in an overseas court by a former contractor.
• We are defending an action in a Belgian court regarding a car accident involving an Australian embassy vehicle.
• We are awaiting the outcome of a medical compensation claim brought by a former locally engaged staff member at an overseas post.
• An appeal from a decision in favour of the department dismissing employment action brought by an employee of an embassy contractor was dismissed by a Philippines tribunal.
• The department is involved in an employment action in an overseas court brought by a former locally engaged staff member.
• A claimant continues to pursue damages in a Belgian court allegedly arising from a motor vehicle accident involving the Australian embassy’s contracted removalists.
• The department is defending a claim brought overseas by the sub-contractor of an embassy contractor, alleging breach of contract.
• We are involved (as a non-party) in an appeal brought by a former employee at an overseas post against the decision of the local Labour Inspector. The outcome, favourable for the department, has been appealed by the former employee.
• We are defending claims for unfair dismissal brought by former employees following redundancies at an overseas post.
• A claim for reinstatement made by a former employee at an overseas post following termination of employment was settled (without reinstatement) following a hearing in the local labour court.
• A personal injuries claim arising out of an incident at an overseas post was settled.
• The department is involved in proceedings for fraud against a former employee at an overseas post.
• We successfully defended an application in an Italian court by an unsuccessful visa applicant, with costs awarded against the applicant.
• The department has been involved in an action brought in the United States for damages relating to alleged child abduction in Australia. The action was dismissed by the United States court but the applicant subsequently lodged a number of related applications.
• We are defending a personal injuries claim arising out of an accident at an overseas post.
• We continue to comply with discovery, subpoena and other document production obligations in a range of matters, including matters brought against the Commonwealth and other Australian Government agencies.
• The department is regularly involved in the service of documents through diplomatic channels relating to private litigation brought overseas and in Australia, and in the service of documents on foreign governments under the Foreign States Immunities Act 1985.

Tribunals

• The department continued to be involved in applications before the Administrative Appeals Tribunal (AAT) concerning passport matters. During the year 18 applications for review were concluded. Seven decisions of the Minister or department were affirmed; one decision of the Minister was set aside with an order that a passport be issued; twelve applications were withdrawn, dismissed or concluded by consent. Two decisions of the AAT affirming the cancellation or refusal of passports by the Minister were appealed to the Federal Court. One appeal was decided in favour of the Minister, the other appeal is continuing. At the end of the financial year, there were 16 active applications before the AAT for review of passport decisions.
• A claim for unfair dismissal was successfully brought by a former employee in the Australian Industrial Relations Commission resulting in reinstatement and back-payment.
• A claim in the Australian Industrial Relations Commission for alleged unlawful dismissal by a former employee at an overseas post was discontinued by the claimant at an early stage.
• An application in the AAT in relation to a decision made under the Freedom of Information Act 1982 was resolved before hearing.
• The department is the respondent in two applications to the AAT in relation to decisions made under the Freedom of Information Act 1982.
• We have been involved (as a non-party) in two separate applications brought in the AAT against the National Archives seeking the release of documents. One application was concluded by consent, the other is ongoing.