Bartlett v Sage [2010] FCA 954

Bartlett v Sage [2010] FCA 954

Because the affidavit and exhibits have only been filed, not read or tendered in open court, open justice considerations do not yet arise; however, the exhibits relating to the Commission proceedings should be placed in a sealed envelope until the hearing to preserve confidentiality.

Jurisdiction
Australia
Judgment Date
01 July 2010
Procedural Posture
Application / Interlocutory Application for Confidentiality Order Prior to Hearing
Outcome
Orders made to seal certain affidavit exhibits until the hearing; directions hearing adjourned; costs in the cause.
Legal Topics
['suppression Orders' 'confidentiality' 'affidavit Exhibits' 'open Justice']
['practice and Procedure'] ['suppression Orders' 'confidentiality' 'affidavit Exhibits' 'open Justice']

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Procedural Posture

Application / Interlocutory Application for Confidentiality Order Prior to Hearing

Legal Issues

  1. 1 ['Whether an order under s 50 of the Federal Court of Australia Act 1976 (Cth) should be made in relation to an affidavit filed but not yet read in open court']

Ratio Decidendi

Because the affidavit and exhibits have only been filed, not read or tendered in open court, open justice considerations do not yet arise; however, the exhibits relating to the Commission proceedings should be placed in a sealed envelope until the hearing to preserve confidentiality.

Court Disposition

Orders made to seal certain affidavit exhibits until the hearing; directions hearing adjourned; costs in the cause.

Orders

  • ['The exhibits to the affidavit of Peter Mervyn Bartlett sworn 3 June 2010, so far as they relate to the proceedings before the ACC, be placed in a sealed envelope until the hearing of this matter and marked that the envelope not be opened without leave of the Court.' 'The directions hearing be adjourned to 10:15 am...