Cth v Lyon

(2003) 133 FCR 265; [2003] FCAFC 284

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Interrogate

Catchwords

1. Practice and Procedure
2. › Federal jurisdiction
3. › Jurisdiction of Federal Court of Australia
4. › Original jurisdiction
5. › Matter in which the Commonwealth is seeking a declaration
6. › Whether claim for public interest immunity gives rise to justiciable 'matter'
7. › Whether controversy justiciable in court other than court in which immunity claim first arose
8. › Judiciary Act 1903 (Cth), s 39B(1A)(a)
1. Practice and Procedure
2. › Federal jurisdiction
3. › Jurisdiction of Federal Court of Australia
4. › Exclusion of criminal matters
5. › Whether civil proceeding concerning public interest immunity arising from committal proceedings is a 'criminal matter'
6. › Judiciary Act 1903 (Cth), s 39B(1A)(c)
1. Evidence
2. › Public interest immunity
3. › Claim by Commonwealth in respect of information disclosed in committal proceedings
4. › Whether claim justiciable in court other than court in which claim first arose
5. › Whether declaratory relief available

Quick Take

Public interest immunity in respect of information disclosed in State court proceedings may be protected by invoking the Federal Court's jurisdiction under s 39B(1A)(a) of the Judiciary Act through the Commonwealth seeking declaratory relief, and such a proceeding will not be excluded as a 'criminal matter' under s 39B(1A)(c).