Seven Network v Cricket Australia (No 3) [2021] FCA 1303

Seven Network v Cricket Australia (No 3) [2021] FCA 1303

Annexure CWC-6 to the Second Corns Affidavit contained Stage 1 of the Expert Determination, including the expert's interpretation of terms in the MRA. Public disclosure had the potential to prejudice Cricket Australia's legitimate commercial interests and bargaining position in future negotiations. A confidentiality order under s 37AF was therefore necessary, and the annexure was not to be capable of inspection under r 2.32 by a person who is not a party to the proceeding.

Jurisdiction
Australia
Judgment Date
26 October 2021
Procedural Posture
Practice and Procedure; Non Party Search Request Under R 2.32 of the Federal Court Rules 2011 (cth) / Determined on the Papers
Outcome
Confidentiality order made in respect of Annexure CWC-6 to the affidavit of Christien William Corns sworn 15 March 2021.
Legal Topics
['non Party Inspection of Court Documents' 'restricted Documents' 'confidential Commercial Information' 'expert Determination' 'media Access to Court Documents']
['practice and Procedure' 'confidentiality Orders' 'commercial and Corporations'] ['non Party Inspection of Court Documents' 'restricted Documents' 'confidential Commercial Information' 'expert Determination' 'media Access to Court Documents']

Case Brief

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Procedural Posture

Practice and Procedure; Non Party Search Request Under R 2.32 of the Federal Court Rules 2011 (cth) / Determined on the Papers

Legal Issues

  1. 1 ['Whether a non-party should be permitted to inspect restricted documents pursuant to r 2.32 of the Federal Court Rules 2011 (Cth).' 'Whether a confidentiality order under s 37AF of the Federal Court of Australia Act 1976 (Cth) was necessary before granting access to Annexure CWC-6 to the affidavit of Christien William Corns sworn 15 March 2021.']

Ratio Decidendi

Annexure CWC-6 to the Second Corns Affidavit contained Stage 1 of the Expert Determination, including the expert's interpretation of terms in the MRA. Public disclosure had the potential to prejudice Cricket Australia's legitimate commercial interests and bargaining position in future negotiations. A confidentiality order under s 37AF was therefore necessary, and the annexure was not to be capable of inspection under r 2.32 by a person who is not a party to the proceeding.

Court Disposition

Confidentiality order made in respect of Annexure CWC-6 to the affidavit of Christien William Corns sworn 15 March 2021.

Orders

  • ['Pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth), until further order of the Court, Annexure CWC-6 to the affidavit of Christien William Corns sworn 15 March 2021 be 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...