Misfeasance in public office explored in new Express law

The latest Express law refers to the Federal Court decision regarding a representative action, including allegations of misfeasance in public office by current and former Commonwealth Ministers and Secretaries.

Plaintiff M83A/2019 v Morrison (No 2) [2020] FCA 1198

The Federal Court has summarily dismissed a representative action alleging misfeasance in public office by current and former Commonwealth Ministers and Secretaries in relation to regional processing in Nauru. Justice Mortimer found that there was no factual basis for the pleadings concerning the respondents' state of mind, and affirmed that the mental element of misfeasance requires reckless indifference in the sense of wilful blindness as to the legality of the conduct.

For a comprehensive summary of this case, you can read the full version of Express law.