Full Court Minute Books

Case H3/2023

Attorney-General for the State of Tasmania v. Casimaty & Anor

Case No.

Case no H3/2023

Case Information

Lower Court Judgment

04/05/2023 Supreme Court of Tasmania (Pearce, Brett and Geason JJ)

[2023] TASFC 2


Constitutional law – Legislature – Privileges – Privilege of parliamentary debate and proceedings – Admissibility of report of parliamentary committee – Where proceedings concern road works at intersection – Where first respondent claims to hold interest in land at intersection – Where proposal by Department of State Growth to upgrade intersection considered and reported upon by Parliamentary Standing Committee on Public Works (“Committee”) in 2017 – Where second respondent engaged to construct new interchange – Where first respondent claims that works that second respondent was to perform not same as public works considered and reported upon by Committee – Where Attorney-General joined as second defendant and applied to, inter alia, strike out parts of statement of claim as offending parliamentary privilege – Where primary judge found cause of action could not proceed without court adjudicating upon 2017 report of Committee, which would contravene Article 9 of Bill of Rights – Where Full Court dismissed Attorney-General’s interlocutory application – Whether Full Court erred in construing s 15 and s 16 of Public Works Committee Act 1914 (Tas) (“PWC Act”) as creating public obligation which falls outside parliamentary process and hence ambit of parliamentary privilege – Whether it would infringe parliamentary privilege for court to determine whether road works complied with s 16(1) of PWC Act by adjudicating upon whether road works that second respondent were engaged to undertake were different from road works reported on by Committee.


13/10/2023 Hearing (SLA, Canberra by video connection)

25/10/2023 Notice of appeal

01/12/2023 Written submissions (Appellant)

01/12/2023 Chronology (Appellant)

10/01/2024 Written submissions (Respondents)

31/01/2024 Reply

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