Australian Competition and Consumer Commission v Chaste Corporation Pty Ltd (No 8) [2017] FCA 233

Australian Competition and Consumer Commission v Chaste Corporation Pty Ltd (No 8) [2017] FCA 233

The publication restriction was removed because the original public interest in protecting an investigation had changed: the investigation had matured into an indictment, Mr Foster's role as an informer had been reported, Mr Foster had a legitimate forensic interest in relying on the unredacted judgment for his bail application, the accused in the pending trial had a legitimate fair-trial interest in knowing of the benefit Mr Foster received, and no countervailing public interest was raised by the ACCC or otherwise apparent.

Jurisdiction
Australia
Judgment Date
08 March 2017
Procedural Posture
Practice and Procedure; Interlocutory Application for Removal of Restriction on Publication of Reasons for Judgment / Heard on the Papers in Chambers on 8 March 2017
Outcome
Restriction on publication lifted; judgment to be published in unredacted form; no order as to costs.
Legal Topics
['restriction on Publication' 'confidentiality of Informer' 'pending Criminal Investigation' 'bail Application' 'procedural Fairness' 'liberty to Apply']
['practice and Procedure' 'contempt' 'open Justice'] ['restriction on Publication' 'confidentiality of Informer' 'pending Criminal Investigation' 'bail Application' 'procedural Fairness' 'liberty to Apply']

Case Brief

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Procedural Posture

Practice and Procedure; Interlocutory Application for Removal of Restriction on Publication of Reasons for Judgment / Heard on the Papers in Chambers on 8 March 2017

Legal Issues

  1. 1 ["Whether the Fourth Respondent's solicitors' email should be deemed an interlocutory application under liberty to apply for removal of the publication restriction." 'Whether procedural fairness was observed despite the informal and urgent manner in which the application was made.' "Whether there remained a public interest in maintaining the restriction on publication of the Court's reasons for judgment dated 16 October 2015." "Whether Mr Foster's forensic interest in using the unredacted judgment in a NSW Local Court bail application and the accused's fair trial interest justified removal of the restriction."]

Ratio Decidendi

The publication restriction was removed because the original public interest in protecting an investigation had changed: the investigation had matured into an indictment, Mr Foster's role as an informer had been reported, Mr Foster had a legitimate forensic interest in relying on the unredacted judgment for his bail application, the accused in the pending trial had a legitimate fair-trial interest in knowing of the benefit Mr Foster received, and no countervailing public interest was raised by the ACCC or otherwise apparent.

Court Disposition

Restriction on publication lifted; judgment to be published in unredacted form; no order as to costs.

Orders

  • ["The email sent by the Fourth Respondent's present solicitors, Bilias & Associates, to the Court on the afternoon of 7 March 2017 be deemed to be an application, made pursuant to liberty to apply reserved to the parties by paragraph 8 of the Court's order of 16 October 2015, for removal of the restriction on the...