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Case Summary

On 8 April 2026, three Palestinian human rights organisations, Al-Haq, Al Mezan Center for Human Rights, and the Palestinian Centre for Human Rights (PCHR), filed an application for preliminary discovery in the Federal Court of Australia against the Minister for Defence, to compel the Minister to release documents relating to arms exports to Israel. They make this application in light of clear violations of international law in the Occupied Palestinian (OPT). The groups are legally represented by the Australian Centre for International Justice (ACIJ).

Case History & Status 

November 2023 – First Preliminary Discovery Application

On 3 November 2023, the groups filed for preliminary discovery in the Federal Court seeking access to permits issued for Australian arms and/or arms components for export to Israel since 7 October 2023. The groups stated there is evidence that Israel is using defence goods and technology exported from Australia to commit serious human rights abuses against the Palestinian people in the Gaza Strip. On 13 November 2023, the groups discontinued the case for reasons that cannot be disclosed in detail but that are related to broader problems of transparency. The groups remained committed to challenging exports and shedding light on the permit process.

2024 – Revocation Application to the Minister

Between April to June 2024, the groups expanded the scope of their legal strategy and submissions in an application to the Defence Minister requesting the Minister revoke all current or ‘extant’ export permits that may go to or become available to Israel, and issued prior to 7 October 2023. Among other requests, they also requested that the Minister consider and revoke any permissions issued to exporters that operate on a licence-free basis to the US.

Defence Review of Extant Permissions 

In response to the pressure from the Palestinian legal groups, and widespread public concern, the Australian Government announced in June 2024 that it would undertake a review of 66 extant permits concerning Israel.

April 2026 – Federal Court Application for Preliminary Discovery

Despite it being over 21 months since the Australian Government made revelations about the review of extant permits in Senate Estimates hearings, neither the Palestinian legal groups, nor the Australian public, have been made aware of its completion or the basis upon which decisions have been made.

Case Success

In April 2024, the groups wrote lengthy legal submissions requesting information on active or ‘extant’ permissions. Following this, the Department of Defence commenced a review of export permits, identifying 66 permits that were ‘extant’ or remained active and were issued prior to 7 October 2023 to Israel. The review was not made public until a trickle of information began to surface at Senate Estimates hearings from June 2024. In November 2024, it was revealed: that 16 export permissions were suspended, or said to be ‘lapsed or amended’; there was no action going to be taken in relation to 35 permits; and 13 remained under scrutiny. Crucially, the groups and the Australian public at large still remain in the dark about the nature of the export permits to Israel and the review process undertaken by the Department of Defence.