Document ID: chunk:federal_register_of_legislation:F2018C00409:clause:1_4:p3
Version: federal_register_of_legislation:F2018C00409
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 3/3)
Character Range: 13781–16364

Court has held that section 56 of the Judiciary Act does not limit the jurisdiction conferred on State courts by subsection 39(2) of that Act, but enables the Commonwealth to object to a court proceeding which is not authorised under section 56: Breavington v Godleman and others (1988) 169 CLR 41. An objection is normally only to be taken if the Commonwealth is prejudiced by the plaintiff's choice of court (eg due to location of witnesses or differences in applicable law).
4.6A  The Commonwealth or a Commonwealth agency is not to submit, or object, to the jurisdiction of a State or Territory tribunal, unless approval has been given by the Attorney‑General for that position to be taken.

Entities to receive written legal advice before starting court proceedings
4.7  A non‑corporate Commonwealth entity is not to start court proceedings unless the entity has received written legal advice from lawyers whom the entity is allowed to use in the proceedings indicating that there are reasonable grounds for starting the proceedings. In urgent cases, the entity may start court proceedings on the basis of oral legal advice that there are reasonable grounds for starting the proceedings. Confirmation of that advice is to be obtained in writing at the earliest opportunity.

Responsibility for litigation
4.8  In addition to the power to issue directions under section 55ZF of the Judiciary Act 1903, the Attorney‑General may issue guidelines governing the allocation of responsibility for litigation between non‑corporate Commonwealth entities, and the handling of litigation where more than one non‑corporate Commonwealth entity may be involved.

Suppression orders
4.9  A non‑corporate Commonwealth entity that applies for an order to prohibit or restrict the disclosure or publication of evidence or information (a suppression order) in a proceeding:
 (a) may apply for a suppression order only if it considers suppression of the evidence or information to be reasonably necessary to protect the interests of the Commonwealth; and
 (b) must not apply for a suppression order only to avoid the disclosure or publication of evidence or information that may be embarrassing to the Commonwealth or Commonwealth agencies.
Note 1: A non‑corporate Commonwealth entity must comply with the relevant rules of court for an application to the court.
Note 2: Paragraph (a) does not prevent an application for a suppression order for evidence or information that may be embarrassing to the Commonwealth or Commonwealth agencies, if there are legitimate Commonwealth interests to protect.