Dear Tyler

I refer to this request, and your other request for signed copies of judgments in:

Government of the Russian Federation v Commonwealth of Australia [2023] HCA 20

Forrest v Australian Securities and Investments Commission; Fortescue Metals Group Ltd v Australian Securities and Investments Commission [2012] HCA 39

Firebird Global Master Fund II Ltd v Republic of Nauru [2015] HCA 43

Firebird Global Master Fund II Ltd v Republic of Nauru [No 2] [2015] HCA 53.

I note that there are not 'signed' copies of judgments.

The Freedom of Information Act 1982 (Cth) (‘the Act’) has limited application to courts and court registries. The Act does not apply to any request for access to a document unless the document relates to matters of an “administrative nature”. Section 5 of the Act provides:

(1) For the purposes of this Act:

(a) a court (other than a court of Norfolk Island) shall be deemed to be a prescribed authority;

(b) the holder of a judicial office (other than a judicial office in a court of Norfolk Island) or other office pertaining to a court (other than a court of Norfolk Island) in his or her capacity as the holder of that office, being an office established by the legislation establishing the court, shall be deemed not to be a prescribed authority and shall not be included in a Department; and

(c) a registry or other office of a court (other than a court of Norfolk Island), and the staff of such a registry or other office when acting in a capacity as members of that staff, shall be taken as a part of the court;

but this Act does not apply to any request for access to a document of the court unless the document relates to matters of an administrative nature.

Judgments are not documents of an administrative nature and therefore do not fall within the Act.

All the Court's judgments are publicly available on the Court's website free of charge (https://www.hcourt.gov.au/publications/j...) and these are the official judgments of the Court.

There are sealed orders of the Court in relation to each of those judgments which bear the Court's seal. These too do not fall under the Act as they are nod documents of an administrative nature.

If you wish for review of this decision, you may seek internal review under Part VI of the Act and review by the Information Commissioner under Part VII of the Act. For further information, see:
telephone: 1300 363 992
email: [email address]
write: GPO Box 2999, Canberra ACT 2601
or visit the website at www.oaic.gov.au

Yours sincerely

Ben Wickham
Executive Registrar & Head of Public Affairs
High Court of Australia
P: (02) 6270 6893; E: [email address]

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