C v Australian Crime Commission [2005] FCA 1736

C v Australian Crime Commission [2005] FCA 1736

The Court granted the suppression and confidentiality orders sought by the ACC because there was a real risk, not fanciful, that publication of the applicants' names would interfere with an ongoing investigation into matters of gravity, outweighing the public interest in open justice.

Jurisdiction
Australia
Judgment Date
21 November 2005
Procedural Posture
Civil / Interlocutory (notices of Motion for Suppression/confidentiality Orders)
Outcome
Suppression and confidentiality orders granted as sought by the ACC; applicants' notice of motion stood over; Nationwide News Pty Ltd's notice of motion dismissed; each party to pay its own costs.
Legal Topics
['suppression of Names' 'confidentiality Orders' 'public Interest Immunity' 'media Access' 'investigatory Powers']
['administrative Law' 'criminal Law' 'procedure'] ['suppression of Names' 'confidentiality Orders' 'public Interest Immunity' 'media Access' 'investigatory Powers']

Case Brief

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Procedural Posture

Civil / Interlocutory (notices of Motion for Suppression/confidentiality Orders)

Legal Issues

  1. 1 ['Whether the names of the applicants should be suppressed from publication' 'Whether confidential affidavits and exhibits should remain confidential' 'Whether media (Nationwide News Pty Ltd) should have access to certain documents' 'Whether public interest in the investigation outweighs open justice']

Ratio Decidendi

The Court granted the suppression and confidentiality orders sought by the ACC because there was a real risk, not fanciful, that publication of the applicants' names would interfere with an ongoing investigation into matters of gravity, outweighing the public interest in open justice.

Court Disposition

Suppression and confidentiality orders granted as sought by the ACC; applicants' notice of motion stood over; Nationwide News Pty Ltd's notice of motion dismissed; each party to pay its own costs.

Orders

  • ['The names of the applicants not be published.' 'The proceedings continue using pseudonyms.' 'Confidential affidavits and certain exhibits remain confidential and not to be disclosed.' 'Confidential documents to be returned after 10 days if no appeal is made, subject to allocation between parties as specified.' 'No...