Tyco Australia Pty Ltd v Tabart [1999] FCA 1220

Tyco Australia Pty Ltd v Tabart [1999] FCA 1220

Goldberg J made a prospective confidentiality regime balancing the applicant's interest in protecting confidential information with the respondents' need to prepare for trial. Because the material would remain under the supervision and control of the respondents' legal advisers, the applicant's proposed more rigorous regime was unnecessary, but special restrictions on three agreements and limits on copies of confidential exhibits were appropriate until further order.

Jurisdiction
Australia
Judgment Date
18 August 1999
Procedural Posture
Federal Court Proceeding Concerning Confidentiality Orders / Preparation for Trial; Prospective Confidentiality Regime Following Earlier Consent Order
Outcome
Confidentiality orders made prospectively; liberty to apply reserved; costs reserved.
Legal Topics
['confidential Documents' 'special Confidential Exhibits' 'access by Parties and Experts' 'destruction of Confidential Material' 'liberty to Apply' 'costs Reserved']
['civil Procedure' 'confidentiality'] ['confidential Documents' 'special Confidential Exhibits' 'access by Parties and Experts' 'destruction of Confidential Material' 'liberty to Apply' 'costs Reserved']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Federal Court Proceeding Concerning Confidentiality Orders / Preparation for Trial; Prospective Confidentiality Regime Following Earlier Consent Order

Legal Issues

  1. 1 ['The extent to which confidentiality restrictions should be imposed on the parties.' 'Whether the respondents should have access to confidential material in order to prepare for trial without unnecessary or unreasonable restraints.' "Whether three agreements claimed by the applicant to be specially confidential should be restricted to respondents' counsel and solicitors until further order." 'Whether confidential documents should be destroyed after final determination of the proceeding.']

Ratio Decidendi

Goldberg J made a prospective confidentiality regime balancing the applicant's interest in protecting confidential information with the respondents' need to prepare for trial. Because the material would remain under the supervision and control of the respondents' legal advisers, the applicant's proposed more rigorous regime was unnecessary, but special restrictions on three agreements and limits on copies of confidential exhibits were appropriate until further order.

Court Disposition

Confidentiality orders made prospectively; liberty to apply reserved; costs reserved.

Orders

  • ['Confidential Documents were defined to include documents, disks, records, files, storage devices, photographs and copies made pursuant to orders of 19 May and 25 May 1999, and all exhibits marked Special Confidential in affidavits filed in the proceeding.' 'Confidential Documents, except specified exhibits, and...