Air Services Australia v Transfield Pty Ltd [2000] FCA 1395

FEDERAL COURT OF AUSTRALIA

Airservices Australia v Transfield Pty Ltd

[2000] FCA 1395

AIRSERVICES AUSTRALIA v TRANSFIELD PTY LIMITED A 19 OF 1999 GYLES J CANBERRA 15 SEPTEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 19 OF 1999

BETWEEN: AIRSERVICES AUSTRALIA

APPLICANT

AND: TRANSFIELD PTY LIMITED

RESPONDENT

JUDGE: GYLES J

DATE OF ORDER: 15 SEPTEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The respondent make discovery to the applicant of the document(s) described in paragraph 1(a) of the Application within 28 days of the date hereof on the terms of Order 3. 2. The respondent pay 90% of the costs of the applicant. 3. (a) The respondent will provide to the applicant one copy of the document/s ordered by the Court on 15 September 2000 within 28 days of the date hereof. (b) Access to the document/s produced be restricted to the applicant's client's counsel retained for the preliminary discovery application and Michael Will and Sean Field ("Will" and "Field"). (c) The applicant's counsel and Will and Field be permitted to disclose the contents of the document/s produced only to the applicant's in-house lawyers who are directly involved in this preliminary discovery application and only for the purpose of giving legal advice and obtaining instructions. (d) The applicant's counsel, Will and Field and applicant's in-house lawyers only to be permitted access to the document/s produced or the information contained in them if each such person has signed and returned to the respondent a confidentiality undertaking in the terms of the attached document. (e) Each document produced will bear the following notice: "CONFIDENTIAL: This document is confidential, and is subject to a confidentiality undertaking given to the Federal Court of Australia." The confidentiality undertaking will read as follows: "(1) I [blank] of [blank] undertake to the Court and to the respondent that (i) I will not, without the written consent of the respondent or its solicitors or an order of the Court, at any time or for any purpose other than the conduct of proceedings by the applicant against the respondent in this Court other than advice in relation to the proposed proceeding by the applicant against the respondents in this Court and the conduct of such proceeding, including submissions to the Court. (ii) Use or disclose to any person, other than permitted persons, which is a defined term, any document or information contained in or derived from any document discovered pursuant to the Court's order made 15 September 2000. (2) In this confidentiality undertaking permitted persons means: (a) applicant's counsel. (b) Michael Will. (c) Sean Field. (d) in-house lawyers of the applicant. (e) such other persons as are consented to by the respondent or its solicitors or approved by the Court provided that the persons referred to in (a), (b), (c), (d) and (e) above have signed a confidentiality undertaking in or substantially in the same form as this undertaking." Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.