Australian Competition & Consumer Commission v Warner Music Australia Pty Ltd [2000] FCA 647

Australian Competition & Consumer Commission v Warner Music Australia Pty Ltd [2000] FCA 647

It is appropriate to impose confidentiality orders and require undertakings from the Commission and its officers, despite its status as a model litigant, because waiver of the rule in Harmon v Home Office and the extension of privilege require consideration of the particular circumstances. The undertakings ensure recipients do not use information for purposes outside conduct of the litigation.

Jurisdiction
Australia
Judgment Date
11 May 2000
Procedural Posture
Motions / Interlocutory
Outcome
orders made granting motions, subject to amendments
Legal Topics
['confidentiality' 'use of Documents Across Proceedings' 'undertakings' 'model Litigant Obligations']
['competition Law' 'civil Procedure'] ['confidentiality' 'use of Documents Across Proceedings' 'undertakings' 'model Litigant Obligations']

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Procedural Posture

Motions / Interlocutory

Legal Issues

  1. 1 ['Should the applicant or its officers/counsel/solicitors be required to give confidentiality undertakings?' 'Should specific Commission officers and executives have access to documents disclosed?' 'Appropriateness of confidentiality orders for a government model litigant.']

Ratio Decidendi

It is appropriate to impose confidentiality orders and require undertakings from the Commission and its officers, despite its status as a model litigant, because waiver of the rule in Harmon v Home Office and the extension of privilege require consideration of the particular circumstances. The undertakings ensure recipients do not use information for purposes outside conduct of the litigation.

Court Disposition

orders made granting motions, subject to amendments

Orders

  • ["Orders sought in the notices of motion granted, subject to amendments marked as document 'X' and to be incorporated and filed with the Court." 'No orders as to the costs of the motion.']