Dale v Veda Advantage Information Services and Solutions Limited [2007] FCA 1603

Dale v Veda Advantage Information Services and Solutions Limited [2007] FCA 1603

Affidavit and copy exhibits were served pursuant to compulsion of law and are subject to the implied undertaking not to be used or disclosed outside the proceedings; Written undertakings in addition to the implied undertaking are unnecessary; Access to confidential exhibits is not denied to the applicants and their legal representatives, but such materials may not be disclosed to external companies (e.g., DR Capital/CRA); Disclosure of personal credit information to non-parties is prohibited by the Privacy Act absent the individual's consent or statutory authority.

Jurisdiction
Australia
Judgment Date
22 October 2007
Procedural Posture
Practice and Procedure / Interlocutory Motion Regarding Confidentiality of Exhibits to Affidavit
Outcome
Interlocutory orders; stand over for final orders including costs.
Legal Topics
['implied Undertaking' 'confidentiality' 'discovery and Disclosure' 'privacy Act Credit Reporting' 'use of Documents in Litigation']
['practice and Procedure' 'privacy Law'] ['implied Undertaking' 'confidentiality' 'discovery and Disclosure' 'privacy Act Credit Reporting' 'use of Documents in Litigation']

Case Brief

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Procedural Posture

Practice and Procedure / Interlocutory Motion Regarding Confidentiality of Exhibits to Affidavit

Legal Issues

  1. 1 ['Whether access to certain confidential exhibits should be restricted to legal representatives in the proceeding; Whether written undertakings should be required from legal representatives and/or applicants regarding use and destruction of confidential documents; Whether exhibits containing personal credit information may be disclosed to non-parties in view of Privacy Act 1988 (Cth) s 18K(1);']

Ratio Decidendi

Affidavit and copy exhibits were served pursuant to compulsion of law and are subject to the implied undertaking not to be used or disclosed outside the proceedings; Written undertakings in addition to the implied undertaking are unnecessary; Access to confidential exhibits is not denied to the applicants and their legal representatives, but such materials may not be disclosed to external companies (e.g., DR Capital/CRA); Disclosure of personal credit information to non-parties is prohibited by the Privacy Act absent the individual's consent or statutory authority.

Court Disposition

Interlocutory orders; stand over for final orders including costs.

Orders

  • ["The proceeding is listed for further orders, including costs, regarding the first respondent's motion relating to confidentiality of exhibits." 'Exhibits RAB1, RAB2, RAB3, and RAB8 are to be withheld from DR Capital and Credit Repair Australia Pty Ltd.' 'No written undertakings required from applicants or their...