Appendix 6:
Matters before courts and administrative tribunals

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

Courts

One action seeking judicial review of a passport-related decision was dismissed by the Federal Court. A further action seeking judicial review of a passport-related decision was discontinued. The department successfully pursued two debt recovery actions in court and a further one is ongoing.

The department successfully defended one employment action brought in a foreign court by a former locally engaged employee. We continue to defend one further employment action in a foreign court.

The department complied with discovery, subpoena and other document production obligations in a range of matters. This includes matters brought against the Commonwealth and other Australian government agencies.

The department facilitated the service of documents through diplomatic channels relating to private litigation brought overseas and in Australia. We also facilitated the service of documents on foreign states under the Foreign States Immunities Act 1985.

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 16 active applications before the AAT for review:

  • 15 for review of passports decisions; and
  • one for review of an FOI decision.
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