Brown v Forestry Tasmania (No 2) [2006] FCA 468

FEDERAL COURT OF AUSTRALIA

Brown v Forestry Tasmania (No 2) [2006] FCA 468 CORRIGENDUM

ROBERT BROWN v FORESTRY TASMANIA

TAD 17 OF 2005

MARSHALL J

1 MAY 2006 (CORRIGENDUM DATED 3 MAY 2006)

HOBART IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY TAD 17 OF 2005

BETWEEN: ROBERT BROWN

APPLICANT

AND: FORESTRY TASMANIA

RESPONDENT

AND: COMMONWEALTH OF AUSTRALIA

FIRST INTERVENER

AND: STATE OF TASMANIA

SECOND INTERVENER

JUDGE: MARSHALL J

DATE OF ORDER: 1 MAY 2006 (CORRIGENDUM DATED 3 MAY 2006)

WHERE MADE: HOBART

CORRIGENDUM 1 On page 8 of the Reasons for Judgment in paragraph 25, the following should be deleted; · "on a computer disk before this material was"; · "The computer disk containing the information was then returned to the respondent."; and · "The computer hard drive was also tendered as an exhibit.". 2 Paragraph 25 should read: "The respondent provided the Forestry material to the applicant, as ordered by the Court, in electronic form copied onto a computer hard drive by the applicant's solicitors. The Forestry material was used by the applicant in the preparation of the maps in Exhibit C in accordance with the undertaking."

I certify that preceding two (2) numbered paragraphs are a true copy of the corrigendum to the Reasons for Judgment of the Honourable Justice Marshall.

Associate:

Dated: 3 May 2006

FEDERAL COURT OF AUSTRALIA

Brown v Forestry Tasmania (No 2) [2006] FCA 468 PRACTICE AND PROCEDURE – confidentiality – application for confidentiality order pursuant to s 50 of the Federal Court of Australia Act 1976 (Cth) – whether proposed inspection amounts to "publication" – whether order necessary to prevent prejudice to the administration of justice – whether order necessary to protect the confidentiality and commercial value of the document used for business purposes of the respondent – whether order necessary to prevent collateral damage or disadvantage through misuse of information – whether order necessary given existing protection given to class of documents by O 46 r 6 of the Federal Court Rules 1979 (Cth) PRACTICE AND PROCEDURE – application pursuant to O 15 r 18 of the Federal Court Rules 1979 (Cth) – whether supported on the evidence