P v Australian Crime Commission [2008] FCA 1336

P v Australian Crime Commission [2008] FCA 1336

There is no longer justification for continuation of s 50 confidentiality orders restricting publication or access to identities or evidence in this proceeding; open justice must prevail where the integrity of the investigation is no longer at risk and no substantial prejudice is demonstrated.

Jurisdiction
Australia
Judgment Date
29 August 2008
Procedural Posture
Practice and Procedure / Interlocutory Application on Confidentiality Orders
Outcome
Confidentiality orders revoked, except for privileged material to be returned to applicant; applications for access granted to evidence, denied for material not in evidence; names to be disclosed.
Legal Topics
['confidentiality Orders' 'open Justice' 'legal Professional Privilege' 'publication of Evidence' 'federal Court Procedure']
['practice and Procedure'] ['confidentiality Orders' 'open Justice' 'legal Professional Privilege' 'publication of Evidence' 'federal Court Procedure']

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Procedural Posture

Practice and Procedure / Interlocutory Application on Confidentiality Orders

Legal Issues

  1. 1 ['Whether confidentiality orders under s 50 Federal Court of Australia Act 1976 (Cth) should continue to apply to certain evidence and identities' 'Whether the principle of open justice outweighs embarrassment or confidentiality concerns' 'Onus of proof for continuation of confidentiality orders']

Ratio Decidendi

There is no longer justification for continuation of s 50 confidentiality orders restricting publication or access to identities or evidence in this proceeding; open justice must prevail where the integrity of the investigation is no longer at risk and no substantial prejudice is demonstrated.

Court Disposition

Confidentiality orders revoked, except for privileged material to be returned to applicant; applications for access granted to evidence, denied for material not in evidence; names to be disclosed.

Orders

  • ['All current orders made under s 50 of the Federal Court of Australia Act 1976 (Cth) be vacated.' 'Order 1 be stayed up until 12 September 2008.' 'Copies of privileged documents remaining on the Court file to be returned to the applicant.' 'Access to admitted evidence granted to public; leave to inspect not granted...