Federal Express v Mejias [2005] NSWIRComm 474

Federal Express v Mejias [2005] NSWIRComm 474

The material identified in the application was sensitive because it referred to allegations of breaches of security and safety which, in the public interest, should not be accessible by persons or organisations not associated with the proceedings. The respondent had breached undertakings recorded by the Commission,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 December 2005
Procedural Posture
Notice of Motion Seeking Non Disclosure Orders and Contempt Related Relief Arising Out of Unfair Dismissal Proceedings / Application for Orders Under S 164 A(2) of the Industrial Relations Act 1996; Contempt Referral Stood Over
Outcome
Non-disclosure and file access restriction orders made; respondent ordered to pay the applicant's costs of the motion; contempt referral application stood over with liberty to apply.
Legal Topics
['non Disclosure Orders' 'publication Restrictions' 'access to Court and Commission Files' 'unfair Dismissal Proceedings' 'confidential Information' 'costs']
['industrial Law' 'contempt' 'court Procedure'] ['non Disclosure Orders' 'publication Restrictions' 'access to Court and Commission Files' 'unfair Dismissal Proceedings' 'confidential Information' 'costs']

Source-derived case record

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Procedural Posture

Notice of Motion Seeking Non Disclosure Orders and Contempt Related Relief Arising Out of Unfair Dismissal Proceedings / Application for Orders Under S 164 A(2) of the Industrial Relations Act 1996; Contempt Referral Stood Over

Legal Issues

  1. 1 ['Whether the Court in Court Session had power under s 164A(2) of the Industrial Relations Act 1996 to prohibit publication of material lodged with or received in evidence by the Industrial Relations Commission of New South Wales in related proceedings.' 'Whether non-disclosure and file access restrictions were desirable by reason of the confidential or sensitive nature of the material or for another reason.' 'Whether the Commission proceedings should be referred to the registrar for contempt proceedings under Rule 237 of the Industrial Relations Commission Rules 1996.']

Ratio Decidendi

The material identified in the application was sensitive because it referred to allegations of breaches of security and safety which, in the public interest, should not be accessible by persons or organisations not associated with the proceedings. The respondent had breached undertakings recorded by the Commission, many named persons were identified, the relevance of the references to the Commission proceedings was tenuous, and much of the material had not been permitted into evidence. It was therefore desirable to make non-disclosure and file access restriction orders under s 164A(2), while the contempt referral issue should be stood over for further submissions.

Court Disposition

Non-disclosure and file access restriction orders made; respondent ordered to pay the applicant's costs of the motion; contempt referral application stood over with liberty to apply.

Orders

  • ['Pursuant to s 164A(2) of the Industrial Relations Act 1996, the Court prohibited publication of attachments T and V to the first statement of Ric Mejias filed 17 May 2005; paragraphs 8, 41, 42, 43, 44, 61, 70, 71, 72, 73 and 99 of the second statement of Ric Mejias filed 18 August 2005; and emails created by Ric...