BQC23 v BQS23 (Publication of reasons) [2023] FCA 890

BQC23 v BQS23 (Publication of reasons) [2023] FCA 890

The redacted reasons do not reveal confidential or privileged information as the applicant's mode of proceeding will necessarily disclose such matters, and the principle of open justice as reflected in legislation requires publication unless necessary to avoid prejudice to the administration of justice; therefore, publication of the redacted reasons is ordered with temporary suppression to provide an appeal window.

Parties
Applicant: BQC23; Respondent: BQS23; Respondent: BQR23; Respondent: BQQ23
Jurisdiction
Australia
Judgment Date
01 August 2023
Procedural Posture
Application for Leave to Appeal and Interlocutory Application / Orders Concerning Publication of Reasons Post Judgment
Outcome
Redacted reasons for judgment to be published, with temporary suppression for 14 days.
Legal Topics
Suppression and Non Publication Orders, Open Justice, Confidentiality, Legal Professional Privilege
Practice and Procedure Suppression and Non Publication Orders Open Justice Confidentiality Legal Professional Privilege

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

BQC23

Applicant

BQS23

Respondent

BQR23

Respondent

BQQ23

Respondent

Procedural Posture

Application for Leave to Appeal and Interlocutory Application / Orders Concerning Publication of Reasons Post Judgment

Legal Issues

  1. 1 Whether reasons for judgment should be published unredacted, redacted, or withheld based on confidentiality or privilege and open justice principles

Ratio Decidendi

The redacted reasons do not reveal confidential or privileged information as the applicant's mode of proceeding will necessarily disclose such matters, and the principle of open justice as reflected in legislation requires publication unless necessary to avoid prejudice to the administration of justice; therefore, publication of the redacted reasons is ordered with temporary suppression to provide an appeal window.

Court Disposition

Redacted reasons for judgment to be published, with temporary suppression for 14 days.

Orders

  • The settled reasons for judgment be published in the redacted form provided to the parties on 28 July 2023.
  • Unless otherwise ordered, the redacted reasons be suppressed and not published, other than to the parties and their lawyers, up to and including 15 August 2023.