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MJZP v. Director-General of Security & Anor

Case No. S142/2023
Case information

Catchwords

Constitutional law – Judicial power of Commonwealth – Procedural fairness – Where plaintiff company is carriage service provider within meaning of Telecommunications Act 1997 (Cth) – Where in June 2021 Australian Security Intelligence Organisation ("ASIO") furnished to Minister for Home Affairs adverse security assessment in respect of plaintiff in connection with s 315A of Telecommunications Act – Where plaintiff applied to Administrative Appeals Tribunal ("Tribunal") for review of adverse security assessment – Where Minister made various certifications under Administrative Appeals Tribunal Act 1975 (Cth) ("AAT Act") that disclosure of certain documents and evidence contrary to public interest – Where Tribunal provided open reasons to plaintiff and first defendant, and closed reasons only to first defendant – Where plaintiff appealed to Federal Court of Australia – Where s 46(1) of AAT Act requires Tribunal to send to Federal Court all documents before Tribunal in connexion with proceeding, including documents subject to certificates issued by Minister – Where s 46(2) of AAT Act requires Federal Court to ensure matter subject to certificates not disclosed to any person other than member of Federal Court for purposes of appeal – Whether s 46(2) substantially impairs institutional integrity of Federal Court – Whether s 46(2) requires Federal Court to exercise Commonwealth judicial power in manner inconsistent with nature of that power – Whether s 46(2) invalid on basis it infringes Ch III of Constitution.

Documents

15/11/2023 Writ of Summons

30/11/2023 Submitting appearance (First defendant)

04/06/2024 Order referring special case to the Full Court by consent

20/06/2024 Special case stated

23/08/2024 Written submissions (Plaintiff)

08/10/2024 Written submissions (Second Defendant)

18/10/2024 Written submissions (Attorney-General for the State of New South Wales, intervening)

18/10/2024 Written submissions (Attorney-General for the State of Tasmania, intervening)

18/10/2024 Written submissions (Attorney-General of the State of Queensland, intervening)

18/10/2024 Written submissions (Attorney-General for the State of Western Australia, intervening)

01/11/2024 Reply

12/12/2024 Hearing (Full Court, Canberra) 

12/12/2024 Outline of oral argument (Plaintiff)

12/12/2024 Outline of oral argument (Second Defendant)

13/12/2024 Hearing (Full Court, Canberra) 

13/12/2024 Outline of oral argument (Attorney-General for the State of New South Wales, intervening)

13/12/2024 Outline of oral argument (Attorney-General for the State of Tasmania, intervening)

13/12/2024 Outline of oral argument (Attorney-General of the State of Queensland, intervening)

13/12/2024 Outline of oral argument (Attorney-General for the State of Western Australia, intervening)

24/01/2025 Post-hearing written submissions (Second Defendant)

31/01/2025 Post-hearing written submissions (Plaintiff) 

11/03/2025 Hearing (Full Court, Canberra)

11/03/2025 Outline of oral argument (Plaintiff)

11/03/2025 Outline of oral argument (Second Defendant)

06/08/2025 Judgment (Judgment summary)