Cantarella Bros Pty Ltd v Du Bois [2016] FCA 1115

Cantarella Bros Pty Ltd v Du Bois [2016] FCA 1115

Because the information in the identified documents was prima facie commercially confidential, had been used under suppression or non-publication orders rather than openly without protection, and the proceedings had resolved without determination of confidentiality, it was practicable and consistent with open justice to return confidential affidavit annexures, substitute tailored redacted versions of pleadings and other documents on the Court file, and restrict access to unredacted versions without leave of a judge.

Jurisdiction
Australia
Judgment Date
11 August 2016
Procedural Posture
Application Concerning Suppression and Non Publication Orders and Removal or Replacement of Confidential Documents on the Court File / After Proceedings Were Discontinued or Resolved by Consent; Applicant Sought Orders for Return of Confidential Exhibits and Replacement of Documents With Redacted Versions
Outcome
Orders made for return of specified confidential annexures, replacement of specified documents with redacted versions, and restricted access to unredacted versions.
Legal Topics
['suppression and Non Publication Orders' 'protection of Confidential Information' 'open Justice' 'electronic Court File' 'inspection of Court Documents' 'redaction of Pleadings and Affidavits']
['practice and Procedure' 'intellectual Property' 'confidential Information'] ['suppression and Non Publication Orders' 'protection of Confidential Information' 'open Justice' 'electronic Court File' 'inspection of Court Documents' 'redaction of Pleadings and Affidavits']

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Procedural Posture

Application Concerning Suppression and Non Publication Orders and Removal or Replacement of Confidential Documents on the Court File / After Proceedings Were Discontinued or Resolved by Consent; Applicant Sought Orders for Return of Confidential Exhibits and Replacement of Documents With Redacted Versions

Legal Issues

  1. 1 ["Whether confidential exhibits and annexures should be returned to the applicant's solicitors." 'Whether pleadings and other documents on the Court file should be removed and replaced with redacted versions under r 2.29 of the Federal Court Rules 2011.' 'Whether restricting access to unredacted documents was consistent with the principle of open justice.']

Ratio Decidendi

Because the information in the identified documents was prima facie commercially confidential, had been used under suppression or non-publication orders rather than openly without protection, and the proceedings had resolved without determination of confidentiality, it was practicable and consistent with open justice to return confidential affidavit annexures, substitute tailored redacted versions of pleadings and other documents on the Court file, and restrict access to unredacted versions without leave of a judge.

Court Disposition

Orders made for return of specified confidential annexures, replacement of specified documents with redacted versions, and restricted access to unredacted versions.

Orders

  • ['The exhibits and annexures listed in Annexure A Part 1, where filed or provided to the Court, be returned to the solicitors for the Applicant within 7 days of these Orders.' 'The documents listed in Annexure A Part 2 be removed from the Court file and replaced with redacted versions of the documents provided to...