Appendix 7 Matters before courts and administrative tribunals

During the year the department was involved in the following matters before courts and administrative tribunals:

Courts

The department continued to comply with discovery, subpoena and other document production obligations in a range of matters, including matters brought against the Commonwealth and other Australian government agencies.

The department was regularly involved in the service of documents through the diplomatic channel relating to private litigation brought overseas and in Australia, and from time to time in the service of documents on foreign governments under the Foreign States Immunities Act 1985.

Two actions seeking judicial review of passport-related decisions were dismissed by the Federal Court. A further action seeking judicial review of a passport-related decision was discontinued.

The department settled an action brought by a consular client in relation to incarceration overseas.

The department successfully defended two employment actions brought in foreign courts by former locally engaged staff, and settled a third.

The department is defending two employment actions brought in foreign courts by former locally engaged staff.

Tribunals

The department continued to be involved in applications before the Administrative Appeals Tribunal (AAT) concerning passports matters. At the end of the financial year, there were six active applications before the AAT for review of passports decisions, and one for review of an FOI decision.

The department assisted the Merit Protection Commissioner with a review of an employment action, settled an action brought by an employee in the Fair Work Commission, and defended one claim of discrimination brought by an employee in the Australian Human Rights Commission.