Appendix 5:
Matters before courts and administrative tribunals

Courts

The department successfully pursued one debt recovery action in court. The department is a defendant in three employment actions in foreign courts, which were ongoing at the end of the financial year.

The department complied with discovery, subpoena and other document production obligations in a range of matters. This included matters brought against the Commonwealth and other Australian Government agencies. The department facilitated the successful assertion of the Commonwealth’s foreign state immunity in one matter involving overseas legal proceedings.

The department facilitated the service of documents through diplomatic channels relating to private litigation brought overseas and in Australia. The department also facilitated the service of documents on foreign states under the Foreign States Immunities Act 1985.

Tribunals

The department continued to be involved in applications before the Administrative Appeals Tribunal (AAT), mainly concerning passports matters. At the end of the financial year, there were 14 active applications before the AAT for review, including:

• 13 for review of passports decisions
• one for review of an FOI decision.