Applicant Y v Australian Prudential Regulation Authority [2005] FCAFC 222

Applicant Y v Australian Prudential Regulation Authority [2005] FCAFC 222

Possible prejudice to the administration of justice, if the appeals succeed but appellants' identities are disclosed beforehand causing irreparable damage, outweighs the public interest in maintaining open justice. The suppression orders should continue until the appeals are finally disposed of, with publication of the reasons only in redacted form.

Jurisdiction
Australia
Judgment Date
28 October 2005
Procedural Posture
Appeal / Interlocutory Application / Orders Pending Appeal
Outcome
Orders continued/restraining publication and disclosure until final disposal of appeals
Legal Topics
['suppression and Non Publication Orders' 'jurisdiction and Power of Federal Authority' 'open Justice Principle']
['practice and Procedure'] ['suppression and Non Publication Orders' 'jurisdiction and Power of Federal Authority' 'open Justice Principle']

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Procedural Posture

Appeal / Interlocutory Application / Orders Pending Appeal

Legal Issues

  1. 1 ['Whether the identity of appellants should not be disclosed until appeals are heard' "Whether publication of the reasons for judgment of primary judge should be prevented to avoid disclosure of appellants' identities" 'Whether the possibility of prejudice to the administration of justice outweighs the public interest in open justice']

Ratio Decidendi

Possible prejudice to the administration of justice, if the appeals succeed but appellants' identities are disclosed beforehand causing irreparable damage, outweighs the public interest in maintaining open justice. The suppression orders should continue until the appeals are finally disposed of, with publication of the reasons only in redacted form.

Court Disposition

Orders continued/restraining publication and disclosure until final disposal of appeals

Orders

  • ['Publication of the reasons for judgment of Lindgren J of 16 September 2005 restrained other than in the redacted form approved by Lindgren J on 5 October 2005 until final disposal of the appeals.' 'Access to relevant Court files restricted to the parties until final disposal of the appeals.' "Respondents may...