Annetts v McCann

Facts

The parents of a young jackaroo who died in the Western Australian outback sought to be heard before a coroner's inquest that was inquiring into the circumstances of their son's death. The coroner declined to grant them the right to appear and be represented at the inquest. The parents applied for judicial review, arguing they had a legitimate interest in the proceedings sufficient to attract the rules of natural justice.

Issues

1. Whether a person with a sufficient interest in the subject matter of a statutory inquiry is entitled, at common law, to be heard before that inquiry. 2. Whether the relevant Western Australian coronial legislation clearly excluded the common-law right to be heard.

Holding

The High Court held that the parents were entitled to be heard at the inquest, as their legitimate interest attracted the common-law rules of natural justice and the coronial legislation did not clearly exclude that entitlement.

Ratio decidendi

Whenever a statute confers power to make a decision or conduct an inquiry that may adversely affect a person's rights, interests or legitimate expectations, the common law imports a duty to accord natural justice unless the statute has clearly and unambiguously excluded it.

Obiter dicta

The joint judgment indicated that the threshold for finding a statutory exclusion of natural justice is high, and that courts should not too readily infer such exclusion from silence or general words in the empowering legislation.

Significance

Annetts v McCann is a foundational Australian authority confirming that procedural fairness is a common-law presumption that attaches to statutory decision-making and inquiries, and that clear statutory language is required to displace it — a principle consistently applied in subsequent administrative law cases.

Key authorities

• Kioa v West Kioa v West (1985) 159 CLR 550applied
• Twist v Randwick Municipal Council Twist v Randwick Municipal Council (1976) 136 CLR 106applied
• FAI Insurances Ltd v Winneke FAI Insurances Ltd v Winneke (1982) 151 CLR 342applied
• Mobil Oil Australia Pty Ltd v Federal Commissioner of Taxation Mobil Oil Australia Pty Ltd v Federal Commissioner of Taxation (1963) 113 CLR 475considered
• Ridge v Baldwin Ridge v Baldwin [1964] AC 40considered