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
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)
21/10/2024 Reply
*The due dates shown for documents on this page are indicative only.