Australian Competition and Consumer Commission v BlueScope Steel Limited [2019] FCA 1532

Australian Competition and Consumer Commission v BlueScope Steel Limited [2019] FCA 1532

The suppression orders were not necessary to prevent prejudice to the proper administration of justice. The risk of prejudice to any future criminal trial was remote because no criminal prosecution had commenced, any trial was unlikely for at least 12 months, the allegations concerned business conduct unlikely to generate widespread notoriety, the principal allegations were already public, and publication would concern allegations rather than evidence or findings. Any remaining risk could be addressed by ordinary jury directions. The asserted risk to further investigations was not established by evidence, leaving the Court to speculate about what inquiries had occurred and what witnesses...

Jurisdiction
Australia
Judgment Date
18 September 2019
Procedural Posture
Civil Proceeding Concerning Alleged Cartel Conduct; Interlocutory Application for Suppression Orders Under S 37 AF of the Federal Court of Australia Act 1976 (cth) / Interlocutory Application Dismissed Before First Case Management Hearing
Outcome
Interlocutory application dismissed; no order as to costs.
Legal Topics
['suppression Orders' 'open Justice' 'prejudice to the Proper Administration of Justice' 'access to Originating Application and Concise Statement' 'potential Future Criminal Prosecution' 'jury Pool Contamination' 'investigation of Alleged Cartel Conduct']
['practice and Procedure' 'competition and Consumer Law'] ['suppression Orders' 'open Justice' 'prejudice to the Proper Administration of Justice' 'access to Originating Application and Concise Statement' 'potential Future Criminal Prosecution' 'jury Pool Contamination' 'investigation of Alleged Cartel Conduct']

Case Brief

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Procedural Posture

Civil Proceeding Concerning Alleged Cartel Conduct; Interlocutory Application for Suppression Orders Under S 37 AF of the Federal Court of Australia Act 1976 (cth) / Interlocutory Application Dismissed Before First Case Management Hearing

Legal Issues

  1. 1 ['Whether suppression orders restricting disclosure of the originating application and concise statement were necessary to prevent prejudice to the proper administration of justice.' 'Whether media reporting of the originating application and concise statement would create a real risk of contaminating the jury pool for any future criminal prosecution.' 'Whether media reporting of the originating application and concise statement would prejudice any ongoing or further investigation by affecting witness recollections.']

Ratio Decidendi

The suppression orders were not necessary to prevent prejudice to the proper administration of justice. The risk of prejudice to any future criminal trial was remote because no criminal prosecution had commenced, any trial was unlikely for at least 12 months, the allegations concerned business conduct unlikely to generate widespread notoriety, the principal allegations were already public, and publication would concern allegations rather than evidence or findings. Any remaining risk could be addressed by ordinary jury directions. The asserted risk to further investigations was not established by evidence, leaving the Court to speculate about what inquiries had occurred and what witnesses...

Court Disposition

Interlocutory application dismissed; no order as to costs.

Orders

  • ['The interlocutory application dated 10 September 2019 be dismissed.' 'There be no order as to costs.']