Winters v Fogarty (No 3) [2020] FCA 315

Winters v Fogarty (No 3) [2020] FCA 315

Good reason existed to release Mr Fogarty from the implied undertaking because use of the Federal Court documents would facilitate his fair opportunity to vigorously pursue his defence in related criminal proceedings, the achievement of justice in that proceeding would be assisted by removing the constraint, Ms Winters did not oppose the orders, and no basis for opposition was apparent.

Jurisdiction
Australia
Judgment Date
04 March 2020
Procedural Posture
Practice and Procedure Application for Release From Implied Undertaking to Use Documents Filed or Discovered in Civil Proceeding for Purposes of Criminal Proceeding / Interlocutory Application Dated 10 February 2020
Outcome
Application granted.
Legal Topics
['implied Undertaking' 'use of Documents Filed or Discovered in Civil Proceeding' 'criminal Proceeding' 'special Circumstances' 'release From Undertaking']
['practice and Procedure' 'administrative and Constitutional Law and Human Rights'] ['implied Undertaking' 'use of Documents Filed or Discovered in Civil Proceeding' 'criminal Proceeding' 'special Circumstances' 'release From Undertaking']

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Procedural Posture

Practice and Procedure Application for Release From Implied Undertaking to Use Documents Filed or Discovered in Civil Proceeding for Purposes of Criminal Proceeding / Interlocutory Application Dated 10 February 2020

Legal Issues

  1. 1 ['Whether Mr Fogarty should be released from the implied undertaking applying to documents produced or filed in the Federal Court proceedings so that he may use them for the purposes of his defence in a criminal proceeding.' 'Whether special circumstances or good reason existed to warrant the exercise of discretion to release Mr Fogarty from the implied undertaking.']

Ratio Decidendi

Good reason existed to release Mr Fogarty from the implied undertaking because use of the Federal Court documents would facilitate his fair opportunity to vigorously pursue his defence in related criminal proceedings, the achievement of justice in that proceeding would be assisted by removing the constraint, Ms Winters did not oppose the orders, and no basis for opposition was apparent.

Court Disposition

Application granted.

Orders

  • ["The Respondent has leave to use the following documents filed in the proceeding: (a) the pleadings; (b) the parties' lists of documents; (c) the affidavits, outlines of evidence and medical reports filed by the parties; (d) the records produced under subpoenas issued by the parties; and (e) documents discovered by...