The department‘s operations are subject to scrutiny from a number of external bodies, among them the Australian National Audit Office, various parliamentary committees, the courts and administrative tribunals, the Australian Information Commissioner, the Australian Privacy Commissioner and the Commonwealth Ombudsman. This section reports on audits, inquiries, reviews and legal actions relevant to Finance in 2017–18.

Judicial and administrative decisions

Commonwealth of Australia v. Davis Samuel Pty Ltd & Ors

This matter relates to civil proceedings to recover the $8.725 million fraudulently transferred from the Commonwealth in 1998, and subsequently distributed to a number of third parties. All criminal proceedings were completed in 2006.

The Commonwealth was successful in its claims against 13 defendants and the $4.3 billion counterclaim against the Commonwealth was also dismissed.

On 21 November 2014, final orders were delivered. Judgment against the 13 defendants for amounts up to $18.63 million was made together with the transfer of certain property and costs orders.

Two appeals were made against the final orders. The remaining appeal was struck out by the ACT Court of Appeal on 30 June 2016 for want of prosecution. All further applications to set aside the judgment and final orders have been dismissed, with the latest application seeking special leave to appeal to the High Court refused on 11 October 2017.

The Commonwealth has recovered in excess of $7.6 million and is continuing its recovery action against the remaining judgment debtors and interests in land.

Liverpool City Council and Canterbury–Bankstown City Council v. Commonwealth of Australia

On 8 February 2017, Liverpool City Council and Canterbury–Bankstown City Council commenced proceedings in the NSW Supreme Court listing the Commonwealth as the defendant in relation to a dispute involving the Voyager Point footbridge.

The project concerned the design and construction of a new footbridge across the Georges River from East Hills to Voyager Point to replace the previously existing footbridge that was closed due to safety issues. On completion, responsibility for the new footbridge was to be transferred to Liverpool City Council and Bankstown City Council.

The proceeding is ongoing and is being defended by the Commonwealth. Directions have been made for various interlocutory steps.

The proceeding is ongoing and is being defended by the Commonwealth. Directions have been made for various interlocutory steps.

Wilkie & Ors v. The Commonwealth of Australia & Ors; Australian Marriage Equality Ltd & Anor v. Minister for Finance Mathias Cormann & Anor

On 10 August 2017, Wilkie & Ors and Australian Marriage Equality Ltd & Anor separately brought proceedings against the Commonwealth. These proceedings challenged the validity of the Advance to the Finance Minister Determination (No. 1 of 2017–18) (Cth) (the Determination), which increased the departmental appropriation of the Australian Bureau of Statistics to facilitate the Australian Marriage Law Postal Survey.

On 28 September 2017, the High Court ruled in favour of the Commonwealth and held that the Determination was valid and that section 10 of the Appropriation Act (No. 1) 2017–2018 (Cth) authorised the Finance Minister to make the Determination. Costs orders were made against the defendants.

Stirling v. Minister for Finance

On 7 July 2016, a delegate of the Minister for Finance made a decision to decline an application made by Dr Stirling for a waiver of debt under section 63(1)(a) of the Public Governance, Performance and Accountability Act 2013 (Cth). Dr Stirling made an application to review the delegate’s decision under the Administrative Decisions (Judicial Review) Act 1977 (Cth).

On 4 August 2017, the Federal Court of Australia ordered that the application be granted, the decision of the Finance Minister’s delegate be set aside, the matter be remitted to the respondent for further consideration and determination in accordance with law, and that the respondent pay the applicant’s costs of the proceeding.

Administrative tribunal decisions

In 2017–18, there were no decisions of an administrative tribunal that had a significant effect on the operations of the department.

Australian Information Commissioner decisions

In 2017–18, there were no decisions by the Australian Information Commissioner that involved the department or that had, or might have, a significant impact on the department’s operations.

Australian Privacy Commissioner decisions

In 2017–18, there were no decisions by the Australian Privacy Commissioner that involved the department or that had, or might have, a significant impact on the department’s operations.