P v Australian Crime Commission [2008] FCA 1377

P v Australian Crime Commission [2008] FCA 1377

The Court allowed limited disclosure of the applicant's and former applicant's names to counsel for the Interveners and Ms McWilliams because the proposed searches could assist the Court in determining whether material subject to s 50 orders was in the public domain, and the disclosure would be confined to the searches described in Ms McWilliams' affidavit with further affidavit and non-publication safeguards.

Jurisdiction
Australia
Judgment Date
05 August 2008
Procedural Posture
Federal Court Proceeding Involving Orders Under S 50 of the Federal Court of Australia Act 1976 (cth) / Interlocutory Request by Interveners for Limited Disclosure of Confidential Names to Conduct Searches
Outcome
Request granted with confidentiality restrictions and further affidavit requirements.
Legal Topics
['s 50 Confidentiality Orders' 'public Domain Inquiry' 'limited Disclosure to Counsel and Solicitor' 'interveners']
['civil Procedure' 'court Suppression and Non Publication Orders'] ['s 50 Confidentiality Orders' 'public Domain Inquiry' 'limited Disclosure to Counsel and Solicitor' 'interveners']

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Procedural Posture

Federal Court Proceeding Involving Orders Under S 50 of the Federal Court of Australia Act 1976 (cth) / Interlocutory Request by Interveners for Limited Disclosure of Confidential Names to Conduct Searches

Legal Issues

  1. 1 ['Whether the identity of the applicant and former applicant should be disclosed to counsel and solicitor for the Interveners for the limited purpose of conducting searches to determine whether material subject to s 50 orders may be in the public domain.']

Ratio Decidendi

The Court allowed limited disclosure of the applicant's and former applicant's names to counsel for the Interveners and Ms McWilliams because the proposed searches could assist the Court in determining whether material subject to s 50 orders was in the public domain, and the disclosure would be confined to the searches described in Ms McWilliams' affidavit with further affidavit and non-publication safeguards.

Court Disposition

Request granted with confidentiality restrictions and further affidavit requirements.

Orders

  • ['The legal representatives of the Applicant disclose to Mr Tamir Maltz of counsel and his instructing solicitor, Ms Gina McWilliams, the names of the Applicant and former Applicant.' 'Ms McWilliams take the steps described in her affidavit affirmed 5 August 2008.' "Ms McWilliams serve on the Applicant and the...