HIGH COURT OF AUSTRALIA
KIEFEL CJ,
BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJ
JENNIFER HOCKING
APPELLANT
AND
DIRECTOR-GENERAL OF THE NATIONAL ARCHIVES OF AUSTRALIA
RESPONDENT
Hocking v Director-General of the National Archives of Australia
[2020] HCA 19
Date of Hearing: 4 & 5 February 2020
Date of Judgment: 29 May 2020
S262/2019
ORDER
1. Appeal allowed.
2. Set aside the orders of the Full Court of the Federal Court of Australia made on 8 February 2019 and, in their place, order that:
- (a) the appeal to the Full Court be allowed;
- (b) the orders of Griffiths J made on 16 March 2018 be set aside and, in their place, it be:
- (i) declared that the contents of Record AA1984/609 ("the deposited correspondence") constitute Commonwealth records within the meaning of the Archives Act 1983 (Cth);
- (ii) ordered that a writ of mandamus issue to compel the Director-General of the National Archives of Australia to reconsider Professor Hocking's request for access to the deposited correspondence; and
