Lindholm, in the matter of Opes Prime Stockbroking Limited (Administrators appointed) (Receivers and Managers appointed) (No 2) [2008] FCA 1578

Lindholm, in the matter of Opes Prime Stockbroking Limited (Administrators appointed) (Receivers and Managers appointed) (No 2) [2008] FCA 1578

Confidentiality orders in relation to the names of two particularly vulnerable applicants are justified to protect their welfare and the administration of justice, but the general principle of open justice prevents extending this confidentiality more broadly. Certain parts of supporting affidavits may also remain confidential to protect personal details.

Jurisdiction
Australia
Judgment Date
22 October 2008
Procedural Posture
Practice and Procedure / Interlocutory Application for Confidentiality/confidentiality Orders
Outcome
Confidentiality orders partially granted
Legal Topics
['confidentiality of Party Names' 'open Justice' 'court Records' 'exceptions to Open Court Rule']
['practice and Procedure'] ['confidentiality of Party Names' 'open Justice' 'court Records' 'exceptions to Open Court Rule']

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Procedural Posture

Practice and Procedure / Interlocutory Application for Confidentiality/confidentiality Orders

Legal Issues

  1. 1 ['Whether it is appropriate to keep the names of certain applicants confidential in proceedings; Applicable principles on confidentiality and open justice; Application of s 50 of the Federal Court of Australia Act 1976 (Cth)']

Ratio Decidendi

Confidentiality orders in relation to the names of two particularly vulnerable applicants are justified to protect their welfare and the administration of justice, but the general principle of open justice prevents extending this confidentiality more broadly. Certain parts of supporting affidavits may also remain confidential to protect personal details.

Court Disposition

Confidentiality orders partially granted

Orders

  • ["Sweeney Commercial to file a redacted List of Current Members of the Class Being Sweeney Clients of Opes Prime with the names of persons in paragraphs 15 and 16 of Sweeney's affidavit redacted by 4:00 pm on 5 November 2008." 'Sweeney Commercial to file a redacted affidavit of Geraldine Frances Sweeney with...