Recent Cases

DCL22 v Sage [2022] FCAFC 196 (07 December 2022) (Allsop CJ, Wigney and Bromwich JJ)


Catchwords:


ADMINISTRATIVE LAW – application for judicial review of summons issued under s 28 of the Australian Crime Commission Act 2002 (Cth)

PRACTICE AND PROCEDURE – public interest immunity – application for leave to appeal from orders of the primary judge that public interest immunity claims established – whether s 75(v) of the Constitution requires a judge considering a public interest immunity claim to review the material over which immunity is claimed and take into account in the balancing exercise the importance of judicial review of executive action – where submissions put on appeal were not put to the primary judge – where further evidence may be required – where no error shown in the primary judge’s reasoning on the arguments and materials put at first instance – leave to appeal refused