Johnston v Cameron [2002] FCAFC 251

FEDERAL COURT OF AUSTRALIA

Johnston v Cameron [2002] FCAFC 251 EVIDENCE – claim for confidentiality - application pursuant to s 209 of Workplace Relations Act 1996 (Cth) - order sought under s 50 of Federal Court of Australia Act 1976 (Cth) prohibiting publication of evidence – principle of open justice – public interest - prior disclosure of evidence – evidence affecting reputation of elected union official – general nature of evidence widely known – publication likely to cause embarrassment to applicant and family PRACTICE AND PROCEDURE – application for leave to appeal – whether leave to appeal should be granted – whether trial judge erred in the exercise of discretion - whether decision of primary judge is attended with sufficient doubt to warrant reconsideration by Full Court –whether substantial injustice would result if leave were refused and decision was erroneous

Federal Court Rules O 52 r10(2)(b) Federal Court of Australia Act 1976 (Cth) ss 17, 17(1), 17(4), 24(1A) and 50 Workplace Relations Act 1996 (Cth) s 209 and 209(4) Johnston v Cameron [2002] FCA 948 considered Niemann v Electronic Industries Ltd [1978] VR 431 cited Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 (FC) referred to Multigroup Distribution Services Pty Limited v TNT Australia Pty Limited [2001] FCA 1721 (FC) cited Minogue v Williams [2000] FCA 125 cited House v the King (1936) 55 CLR 499 cited Australian Broadcasting Commission v Parish (1980) 29 ALR 228 considered Versace v Monte [2001] FCA 1565 considered G v The Queen (1984) 35 SASR 349 referred to The Queen v Hermes; Ex Parte V [1963] SASR 81 referred to Scott v Scott [1913] AC 417 - discussed CRAIG JOHNSTON v DOUG CAMERON (and others according to the schedule of respondents) V 455 OF 2002 BRANSON, TAMBERLIN & FINKELSTEIN JJ 20 AUGUST 2002 MELBOURNE