Upaid Systems Ltd v Telstra Corporation Limited (No 4) [2016] FCA 1514

Upaid Systems Ltd v Telstra Corporation Limited (No 4) [2016] FCA 1514

Telstra was not entitled to the broad suppression order because it did not demonstrate that the information sought to be suppressed was confidential or treated as confidential within Telstra or by those familiar with its systems, and therefore did not establish that the order was necessary to prevent prejudice to the proper administration of justice. The order was justified only for Exhibits 1, 2 and 5, which Upaid did not oppose.

Jurisdiction
Australia
Judgment Date
16 December 2016
Procedural Posture
Interlocutory Application for Suppression and Non Publication Orders in a Patent Infringement Proceeding / Reasons for Judgment on Telstra's Amended Interlocutory Application Dated 26 October 2015
Outcome
A suppression order should be made for Exhibits 1, 2 and 5 only; otherwise Telstra's amended interlocutory application should be dismissed, with costs in Upaid's favour, and the interim order should be discharged. The parties were ordered to bring in agreed or competing orders giving effect to the reasons.
Legal Topics
['suppression and Non Publication Orders' 'proper Administration of Justice' 'confidential Information' 'open Justice' 'cyber Security Concerns']
['practice and Procedure' 'intellectual Property' 'patents'] ['suppression and Non Publication Orders' 'proper Administration of Justice' 'confidential Information' 'open Justice' 'cyber Security Concerns']

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Procedural Posture

Interlocutory Application for Suppression and Non Publication Orders in a Patent Infringement Proceeding / Reasons for Judgment on Telstra's Amended Interlocutory Application Dated 26 October 2015

Legal Issues

  1. 1 ['Whether an order under s 37AF(1) of the Federal Court of Australia Act 1976 (Cth) suppressing or restricting access to documents or parts of documents was necessary to prevent prejudice to the proper administration of justice.' 'Whether Telstra had demonstrated that the information sought to be suppressed was confidential and treated as confidential by its employees, suppliers, contractors and consultants.' 'Whether prior disclosure of the material in open court and on the Commonwealth Courts Portal made the proposed suppression order futile or otherwise unwarranted.']

Ratio Decidendi

Telstra was not entitled to the broad suppression order because it did not demonstrate that the information sought to be suppressed was confidential or treated as confidential within Telstra or by those familiar with its systems, and therefore did not establish that the order was necessary to prevent prejudice to the proper administration of justice. The order was justified only for Exhibits 1, 2 and 5, which Upaid did not oppose.

Court Disposition

A suppression order should be made for Exhibits 1, 2 and 5 only; otherwise Telstra's amended interlocutory application should be dismissed, with costs in Upaid's favour, and the interim order should be discharged. The parties were ordered to bring in agreed or competing orders giving effect to the reasons.

Orders

  • ['By 4.00 pm on 30 January 2017, the parties bring in agreed orders giving effect to these reasons or, failing agreement, the orders that each contends will give effect to these reasons, published as Upaid Systems Ltd v Telstra Corporation Limited (No 4) [2016] FCA 1514.']