Johnston v Cameron [2002] FCAFC 251

Johnston v Cameron [2002] FCAFC 251

Leave to appeal was granted, but the appeal was dismissed because no error of principle was shown in Weinberg J's refusal to make the wider suppression order. The evidence sought to be suppressed was material to the proceeding and its suppression would be a significant derogation from open justice. Although publication was likely to embarrass the applicant and his family and affect his reputation, the allegations and their general nature had already been disclosed to significant numbers of union members and in a national newspaper; the applicant's substantive relief under s 209 of the Workplace Relations Act 1996 (Cth) would not be frustrated by publication; and it was not shown that...

Jurisdiction
Australia
Judgment Date
20 August 2002
Procedural Posture
Application for Leave to Appeal and Appeal From an Interlocutory Judgment Dismissing an Application for Suppression Orders Under S 50 of the Federal Court of Australia Act 1976 (cth) / Full Court of the Federal Court; Extension of Time and Leave to Appeal Granted; Appeal Dismissed
Outcome
Extension of time and leave to appeal granted; appeal dismissed; interim suppression order of the Full Court ceased to have force or effect.
Legal Topics
['suppression Orders' 'open Justice' 'confidentiality of Evidence' 'leave to Appeal From Interlocutory Judgment' 'exercise of Discretion' 'union Rules and Internal Disciplinary Charges']
['evidence' 'practice and Procedure' 'industrial Relations'] ['suppression Orders' 'open Justice' 'confidentiality of Evidence' 'leave to Appeal From Interlocutory Judgment' 'exercise of Discretion' 'union Rules and Internal Disciplinary Charges']

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Procedural Posture

Application for Leave to Appeal and Appeal From an Interlocutory Judgment Dismissing an Application for Suppression Orders Under S 50 of the Federal Court of Australia Act 1976 (cth) / Full Court of the Federal Court; Extension of Time and Leave to Appeal Granted; Appeal Dismissed

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from Weinberg J's interlocutory judgment dismissing the applicant's application for suppression orders." 'Whether an order under s 50 of the Federal Court of Australia Act 1976 (Cth) was necessary to prevent prejudice to the administration of justice.' "Whether the primary judge erred in balancing the principle of open justice against the applicant's claimed hardship, embarrassment and reputational damage." 'Whether prior disclosure and public knowledge of the allegations weighed against suppression.']

Ratio Decidendi

Leave to appeal was granted, but the appeal was dismissed because no error of principle was shown in Weinberg J's refusal to make the wider suppression order. The evidence sought to be suppressed was material to the proceeding and its suppression would be a significant derogation from open justice. Although publication was likely to embarrass the applicant and his family and affect his reputation, the allegations and their general nature had already been disclosed to significant numbers of union members and in a national newspaper; the applicant's substantive relief under s 209 of the Workplace Relations Act 1996 (Cth) would not be frustrated by publication; and it was not shown that...

Court Disposition

Extension of time and leave to appeal granted; appeal dismissed; interim suppression order of the Full Court ceased to have force or effect.

Orders

  • ['The applicant be allowed until 2 August 2002 to file and serve a notice of motion seeking leave to appeal against the interlocutory judgment of Weinberg J dated 22 July 2002.' 'The applicant be granted leave to appeal from the interlocutory judgment of Weinberg J dated 22 July 2002.' 'The appeal from the...