Recent Cases

Warren v Chief Executive Officer, Services Australia [2024] FCAFC 73 (07 June 2024) (Katzmann, McElwaine and Kennett JJ)


ADMINISTRATIVE LAW – Appeal from a decision of a Deputy President of the Administrative Appeals Tribunal – where applicant seeks access to ten documents pursuant to the Freedom of Information Act 1982 (Cth) (FOI Act) relating to the Pay As You Go (PAYG) data matching initiative, also known as Robodebt – where access to documents refused in reliance on the Cabinet documents exemption at s 34, alternatively s 47C of the FOI Act – whether applicant was denied procedural fairness by reason of the Tribunal failing to engage with substantial issues raised by the parties – where respondent’s case varied during closing address without fair notice to the applicant and without affording a reasonable opportunity to respond – whether those matters caused practical injustice in the circumstances – construction of the Cabinet document exemption at s 34(3) of the FOI Act – meaning of “contains information the disclosure of which would reveal a Cabinet deliberation or decision” and “unless the existence of the deliberation or decision has been officially disclosed” – appeal allowed and matter remitted for rehearing