Appleroth v Ferrari Australasia Pty Limited [2020] FCA 756

Appleroth v Ferrari Australasia Pty Limited [2020] FCA 756

The circumstances presented, while acknowledging the applicant's concerns about embarrassment and privacy, did not meet the threshold to displace the principle of open justice. Accordingly, there was insufficient reason to grant confidentiality orders under r 2.32 of the Federal Court Rules 2011.

Jurisdiction
Australia
Judgment Date
29 May 2020
Procedural Posture
Interlocutory Application / Application for Confidentiality Orders Following Discontinuance of Proceedings
Outcome
Interlocutory application for confidentiality dismissed. Temporary direction for registry to withhold access to documents until 4 June 2020.
Legal Topics
['open Justice' 'confidentiality of Court Documents' 'suppression Orders' 'discontinuance']
['practice and Procedure' 'employment Law'] ['open Justice' 'confidentiality of Court Documents' 'suppression Orders' 'discontinuance']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Confidentiality Orders Following Discontinuance of Proceedings

Legal Issues

  1. 1 ['Whether documents filed by the applicant should be deemed confidential and access to them restricted after the proceeding was discontinued' 'Whether the principles of open justice warrant a departure in this case']

Ratio Decidendi

The circumstances presented, while acknowledging the applicant's concerns about embarrassment and privacy, did not meet the threshold to displace the principle of open justice. Accordingly, there was insufficient reason to grant confidentiality orders under r 2.32 of the Federal Court Rules 2011.

Court Disposition

Interlocutory application for confidentiality dismissed. Temporary direction for registry to withhold access to documents until 4 June 2020.

Orders

  • ['Until the close of business on Thursday, 4 June 2020, the registry not grant access to, or permit the inspection of, documents filed herein.' "The applicant's interlocutory application dated 28 May 2020 be dismissed."]