Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Limited (No 2 - Application for non-publication orders) [2021] FCA 787

Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Limited (No 2 - Application for non-publication orders) [2021] FCA 787

Applications for non-publication/confidentiality orders were dismissed because no real or appreciable risk of prejudice to the accused or their fair trial rights was demonstrated. The summary in the reasons consisted of neutral restatement of prosecution allegations already partly in the public domain, clearly identified as allegations subject to dispute, and no evidence of potential juror prejudice was provided. The public interest in open justice strongly outweighed the unsubstantiated speculative risks put forward.

Jurisdiction
Australia
Judgment Date
12 July 2021
Procedural Posture
Criminal / Interlocutory Application for Non Publication/confidentiality Orders
Outcome
Applications for non-publication and confidentiality orders dismissed.
Legal Topics
['non Publication Orders' 'open Justice' 'cartel Offences' 'federal Court Procedure']
['criminal Law' 'practice and Procedure'] ['non Publication Orders' 'open Justice' 'cartel Offences' 'federal Court Procedure']

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Procedural Posture

Criminal / Interlocutory Application for Non Publication/confidentiality Orders

Legal Issues

  1. 1 ['Whether non-publication/confidentiality orders should be made under s 37AF(1)(b)(i) of the Federal Court of Australia Act 1976 (Cth) and r 1.20(3)(a) of the Federal Court (Criminal Proceedings) Rules 2016 (Cth) in respect of reasons for judgment' 'Whether such orders are necessary to prevent prejudice to the proper administration of justice' 'Whether the prejudice asserted outweighs public interest in open justice']

Ratio Decidendi

Applications for non-publication/confidentiality orders were dismissed because no real or appreciable risk of prejudice to the accused or their fair trial rights was demonstrated. The summary in the reasons consisted of neutral restatement of prosecution allegations already partly in the public domain, clearly identified as allegations subject to dispute, and no evidence of potential juror prejudice was provided. The public interest in open justice strongly outweighed the unsubstantiated speculative risks put forward.

Court Disposition

Applications for non-publication and confidentiality orders dismissed.

Orders

  • ['The applications by the first, second, third and fifth accused for a non-publication order pursuant to s 37AF(1)(b)(i) of the Federal Court of Australia Act 1976 (Cth) and an order pursuant to r 1.20(3)(a) of the Federal Court (Criminal Proceedings) Rules 2016 (Cth) in respect of the Reasons for Judgment be...