Appleroth v Ferrari Australasia Pty Limited (No 4) [2021] FCA 700

Appleroth v Ferrari Australasia Pty Limited (No 4) [2021] FCA 700

Orders for non-publication and confidentiality can be made to protect the mental health and well-being of involved parties where evidence supports such need, but the duration of such orders must be limited to what is necessary, in this case two years.

Parties
Applicant: Herbert Andrew Appleroth; First Respondent: Ferrari Australasia Pty Limited (ACN 160 706 141); Second Respondent: Ferrari NV; Third Respondent: Ferrari SPA; First Interested Person: CNG20; Second Interested Person: CNH20
Jurisdiction
Australia
Judgment Date
24 June 2021
Procedural Posture
Interlocutory Application / Application for Extension and Variation of Non Publication and Confidentiality Orders
Outcome
Non-publication and confidentiality orders granted in part for two years or until further order; otherwise, application dismissed.
Legal Topics
Non Publication Orders, Confidentiality, Open Justice, Extension of Suppression Orders
Practice and Procedure Non Publication Orders Confidentiality Open Justice Extension of Suppression Orders

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Parties

Herbert Andrew Appleroth

Applicant

Ferrari Australasia Pty Limited (ACN 160 706 141)

First Respondent

Ferrari NV

Second Respondent

Ferrari SPA

Third Respondent

CNG20

First Interested Person

CNH20

Second Interested Person

Procedural Posture

Interlocutory Application / Application for Extension and Variation of Non Publication and Confidentiality Orders

Legal Issues

  1. 1 Whether to extend existing non-publication orders under the Federal Court Act 1976 (Cth)
  2. 2 Whether supporting affidavits should be declared confidential under Federal Court Rules (2011) (Cth)

Ratio Decidendi

Orders for non-publication and confidentiality can be made to protect the mental health and well-being of involved parties where evidence supports such need, but the duration of such orders must be limited to what is necessary, in this case two years.

Court Disposition

Non-publication and confidentiality orders granted in part for two years or until further order; otherwise, application dismissed.

Orders

  • Prohibition of publication of information identifying the interested persons for two years or until further order.
  • Affidavits of the first interested person dated 4 June 2020 and 9 June 2021 to be marked confidential and not to be accessed without court order, for two years or until further order.