Seven Network v Cricket Australia (No 2) [2021] FCA 1032

Seven Network v Cricket Australia (No 2) [2021] FCA 1032

Leave would be granted for non-parties to inspect the relevant documents, but only subject to redactions or confidentiality markings pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth). The Court was satisfied that Cricket Australia's proposed regime was proportionate and adapted to the commercial risks identified, that the relevant material contained sensitive commercial information, and that disclosure in unredacted form could prejudice Cricket Australia's bargaining position in future negotiations. The orders were necessary notwithstanding the public interest in open justice, and the Court was not satisfied that Cricket Australia's written submissions required redaction.

Jurisdiction
Australia
Judgment Date
27 August 2021
Procedural Posture
Non Party Search Request for Leave to Inspect Restricted Documents Under R 2.32(4) of the Federal Court Rules 2011 (cth) in a Preliminary Discovery Proceeding / Determined on the Papers
Outcome
Leave granted pursuant to r 2.32(4) for non-parties to inspect the relevant documents, subject to specified documents being redacted or marked confidential pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth).
Legal Topics
['non Party Inspection of Court Documents' 'restricted Documents' 'confidentiality Orders' 'suppression or Non Publication Orders' 'open Justice' 'commercially Sensitive Information' 'preliminary Discovery']
['practice and Procedure' 'commercial and Corporations'] ['non Party Inspection of Court Documents' 'restricted Documents' 'confidentiality Orders' 'suppression or Non Publication Orders' 'open Justice' 'commercially Sensitive Information' 'preliminary Discovery']

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Procedural Posture

Non Party Search Request for Leave to Inspect Restricted Documents Under R 2.32(4) of the Federal Court Rules 2011 (cth) in a Preliminary Discovery Proceeding / Determined on the Papers

Legal Issues

  1. 1 ['Whether a non-party journalist should be granted leave under r 2.32(4) of the Federal Court Rules 2011 (Cth) to inspect restricted documents on the Court file.' "Whether access should be refused or limited because unrestricted inspection would disclose commercially sensitive information and prejudice Cricket Australia's commercial interests." 'Whether any redactions or confidentiality restrictions should be made pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth).']

Ratio Decidendi

Leave would be granted for non-parties to inspect the relevant documents, but only subject to redactions or confidentiality markings pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth). The Court was satisfied that Cricket Australia's proposed regime was proportionate and adapted to the commercial risks identified, that the relevant material contained sensitive commercial information, and that disclosure in unredacted form could prejudice Cricket Australia's bargaining position in future negotiations. The orders were necessary notwithstanding the public interest in open justice, and the Court was not satisfied that Cricket Australia's written submissions required redaction.

Court Disposition

Leave granted pursuant to r 2.32(4) for non-parties to inspect the relevant documents, subject to specified documents being redacted or marked confidential pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth).

Orders

  • ['Pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth), until further order of the Court, specified documents and parts of documents be redacted or marked as confidential and not be capable of inspection pursuant to r 2.32 of the Federal Court Rules 2011 (Cth) by a person who is not a party to the...