Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cabal v United Mexican States (No 4) [2000] FCA 405 PRACTICE AND PROCEDURE – production of documents – public interest immunity – claim by Correctional Services Commissioner – undertaking by counsel not to disclose contents of documents produced Sankey v Whitlam (1978) 142 CLR 1 cited Alister v the Queen (1984) 154 CLR 404 cited D v National Society for the Prevention of Cruelty to Children (1978) AC 171 cited Ebner v Official Trustee in Bankruptcy [2000] FCA 182 cited
CARLOS CABAL PENICHE & MARCO PASINI BERTRAN v UNITED MEXICAN STATES & ANOR (No 4) V 728 of 1999 GOLDBERG J MELBOURNE 30 MARCH 2000
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY No V 728 of 1999
BETWEEN: CARLOS CABAL PENICHE
First Applicant
MARCO PASINI BERTRAN
Second Applicant
AND: UNITED MEXICAN STATES
First Respondent
LISA HANNAN M
Second Respondent
JUDGE: GOLDBERG J
DATE OF ORDER: 30 MARCH 2000
PLACE: MELBOURNE
THE COURT ORDERS THAT: UPON: (a) Counsel for the applicants undertaking to the Court that they will not disclose the contents of the documents sought by the applicants from the Correctional Services Commissioner to any person other than each other and that they will not use any information derived from any inspection of those documents for any purpose other than the purpose of the application for bail initiated by notice of motion filed 9 February 2000 (b) Counsel for the first respondent undertaking on their own behalf and on behalf of Mr Daniel Caporate, their instructing solicitor, that they will not disclose the contents of the documents sought by the applicants from the Correctional Services Commissioner to any person other than each other and that they will not use any information derived from any inspection of those documents for any purpose other than the purpose of the application for bail initiated by notice of motion filed 9 February 2000 1. The application by the Correctional Services Commissioner that she be excused from producing the documents sought by the applicants is dismissed. 2. The Correctional Services Commissioner not be required to produce to the Court documents coming within the category of assessment records before 2.15pm on Tuesday 4 April 2000. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
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