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- Sankey_v_Whitlam abstract "Sankey v Whitlam was an important court case decided in the High Court of Australia on 9 November 1978.On 20 November 1975, in the middle of the election campaign which followed the dismissal of the Whitlam government, a Sydney solicitor, Danny Sankey, initiated a private prosecution against Gough Whitlam, Rex Connor, Lionel Murphy and Jim Cairns. The prosecution related to the alleged unlawful conduct of the accused in relation to their participation in the so-called 'loans affair'.Two charges were laid against each defendant. The first alleged that the loan proposal would have contravened the Commonwealth-State Financial Agreement of 1928. The second alleged that the defendants had conspired to deceive the Governor-General in the performance of his duties.The prosecution went through numerous preliminary steps in the Queanbeyan Magistrates' Court before Stipendiary Magistrate Darcy Leo, including appeals to the NSW Court of Appeal, before it reached a stage which brought it before the High Court.On 9 November 1976, Sankey subpoenaed Executive Council and Loan Council documents for production before the Magistrate. The Fraser government objected to produce these documents, arguing that they were confidential and were subject to 'crown privilege'. This claim was upheld by the Magistrate. The matter went on appeal to the NSW Court of Appeal. The appeals were removed to the High Court.At all relevant times during the prosecution one of the defendants, Lionel Murphy, was a Justice of the High Court. Justice Murphy did not sit as part of the Court to hear the appeal from the Magistrate's ruling.The High Court overruled the magistrate and held that the documents should be produced before the Magistrate. However, the Court also ruled that the charge alleging contravention of the Financial Agreement was bad in law, and dismissed that charge.The lasting significance of the Court's ruling was that it imposed a very narrow view of when a government could claim 'crown privilege', finding that even cabinet documents were not exempt from production before the courts.".
- Sankey_v_Whitlam wikiPageExternalLink 43.html.
- Sankey_v_Whitlam wikiPageExternalLink 158clr1.html.
- Sankey_v_Whitlam wikiPageID "1673291".
- Sankey_v_Whitlam wikiPageRevisionID "604269191".
- Sankey_v_Whitlam citations 43.html.
- Sankey_v_Whitlam citations 158clr1.html.
- Sankey_v_Whitlam court High_Court_of_Australia.
- Sankey_v_Whitlam dateDecided "1978-11-09".
- Sankey_v_Whitlam fullName "Sankey v Whitlam & Ors".
- Sankey_v_Whitlam hasPhotoCollection Sankey_v_Whitlam.
- Sankey_v_Whitlam judges "Gibbs ACJ, Stephen, Mason, Jacobs & Aickin JJ".
- Sankey_v_Whitlam name "Sankey v Whitlam".
- Sankey_v_Whitlam opinions "' the documents were not subject to privilege and should be produced ' it is the responsibility of the courts to decide whether or not it is in the public interest to protect documents from disclosure the allegations of an offence under the Crimes Act 1914 were bad in law".
- Sankey_v_Whitlam priorActions "Sankey v Whitlam [1977] 1 NSWLR 333".
- Sankey_v_Whitlam subsequentActions "none".
- Sankey_v_Whitlam subject Category:1978_in_Australia.
- Sankey_v_Whitlam subject Category:1978_in_case_law.
- Sankey_v_Whitlam subject Category:Australian_Labor_Party.
- Sankey_v_Whitlam subject Category:Australian_constitutional_law.
- Sankey_v_Whitlam subject Category:High_Court_of_Australia_cases.
- Sankey_v_Whitlam subject Category:Political_controversies_in_Australia.
- Sankey_v_Whitlam type Abstraction100002137.
- Sankey_v_Whitlam type Act100030358.
- Sankey_v_Whitlam type Controversy107183151.
- Sankey_v_Whitlam type Disagreement107180787.
- Sankey_v_Whitlam type Dispute107181935.
- Sankey_v_Whitlam type Event100029378.
- Sankey_v_Whitlam type PoliticalControversiesInAustralia.
- Sankey_v_Whitlam type PsychologicalFeature100023100.
- Sankey_v_Whitlam type SpeechAct107160883.
- Sankey_v_Whitlam type YagoPermanentlyLocatedEntity.
- Sankey_v_Whitlam comment "Sankey v Whitlam was an important court case decided in the High Court of Australia on 9 November 1978.On 20 November 1975, in the middle of the election campaign which followed the dismissal of the Whitlam government, a Sydney solicitor, Danny Sankey, initiated a private prosecution against Gough Whitlam, Rex Connor, Lionel Murphy and Jim Cairns.".
- Sankey_v_Whitlam label "Sankey v Whitlam".
- Sankey_v_Whitlam sameAs m.05mbdb.
- Sankey_v_Whitlam sameAs Q7418703.
- Sankey_v_Whitlam sameAs Q7418703.
- Sankey_v_Whitlam sameAs Sankey_v_Whitlam.
- Sankey_v_Whitlam wasDerivedFrom Sankey_v_Whitlam?oldid=604269191.
- Sankey_v_Whitlam isPrimaryTopicOf Sankey_v_Whitlam.