Spencer v Commonwealth of Australia

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJPETER JAMES SPENCER  APPLICANTANDCOMMONWEALTH OF AUSTRALIA  RESPONDENTSpencer v Commonwealth of Australia [2010] HCA 281 September 2010S87/2009ORDER1.Special leave to appeal granted.2.Appeal treated as instituted and heard instanter and allowed with costs.3.The orders of the Full Court of the Federal Court of Australia made on 24 March 2009 be set aside and in lieu thereof it be ordered that:(a)The appeal be allowed with costs.(b)Orders 2 and 3 of the orders made by Emmett J on 28 August 2008 be set aside and in lieu thereof it be ordered that:(i)The respondent's motion of 26 July 2007 be dismissed.(ii)The respondent pay the applicant's costs of the motion.On appeal from the Federal Court of AustraliaRepresentationP E King with D H Godwin for the applicant (instructed by McKells)S J Gageler SC, Solicitor-General of the Commonwealth with A Robertson SC and C L Lenehan for the respondent (instructed by Australian Government Solicitor)IntervenersR J Meadows QC, Solicitor-General for the State of Western Australia with R M Mitchell SC intervening on behalf of the Attorney-General for the State of Western Australia (instructed by State Solicitor for Western Australia)P M Tate SC, Solicitor-General for the State of Victoria with S P Donaghue intervening on behalf of the Attorney-General for the State of Victoria (instructed by Victorian Government Solicitor)M G Hinton QC, Solicitor-General for the State of South Australia with S A McDonald intervening on behalf of the Attorney-General for the State of South Australia (instructed by Crown Solicitor for...