Farrell v Super Retail Group Limited (Closed Court Application) [2024] FCA 1451

Farrell v Super Retail Group Limited (Closed Court Application) [2024] FCA 1451

Given the necessity of disclosing suppressed material in cross-examination, and confirmation from senior counsel that this could not be avoided, the high threshold for closing the Court on the grounds of proven necessity and extraordinary circumstances was met. The Court should be closed for as short a time as required to ensure justice is done.

Parties
Applicant: Rebecca Farrell; First Respondent: Super Retail Group Limited; Second Respondent: Anthony Heraghty; Third Respondent: Kevin Figueiredo; Fourth Respondent: Sally Pitkin; Fifth Respondent: Annabelle Chaplain; Sixth Respondent: Amelia Berczelly; Interested Person: Fairfax Media Publications Pty Limited
Jurisdiction
Australia
Judgment Date
11 December 2024
Procedural Posture
Application / Interlocutory Application (order to Close Court During Trial)
Outcome
Application granted
Legal Topics
Open Justice, Suppression Orders, Closed Court Applications
Practice and Procedure Open Justice Suppression Orders Closed Court Applications

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Parties

Rebecca Farrell

Applicant

Super Retail Group Limited

First Respondent

Anthony Heraghty

Second Respondent

Kevin Figueiredo

Third Respondent

Sally Pitkin

Fourth Respondent

Annabelle Chaplain

Fifth Respondent

Amelia Berczelly

Sixth Respondent

Fairfax Media Publications Pty Limited

Interested Person

Procedural Posture

Application / Interlocutory Application (order to Close Court During Trial)

Legal Issues

  1. 1 Whether the Court should be closed for a portion of the hearing due to disclosure of information subject to a suppression order

Ratio Decidendi

Given the necessity of disclosing suppressed material in cross-examination, and confirmation from senior counsel that this could not be avoided, the high threshold for closing the Court on the grounds of proven necessity and extraordinary circumstances was met. The Court should be closed for as short a time as required to ensure justice is done.

Court Disposition

Application granted

Orders

  • Pursuant to s 17(4) of the Federal Court of Australia Act 1976 (Cth), the cross-examination of Mr Harmer now proceed in a closed session of the Court for as short as period as necessary to ensure justice is done in the proceeding.