Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AWB Limited v Honourable Terence Rhoderic Hudson Cole (No 4) [2006] FCA 1050
INJUNCTIONS – application to restrain publication of documents pending hearing and determination of proceedings – where documents produced to Commission of Inquiry without claim for confidentiality or legal professional privilege – where Commissioner proposes to publish documents containing statements in relation to legal advice the subject of proceedings CONTEMPT OF COURT – whether publication of documents would constitute contempt of court – whether real risk of interference with Court processes or administration of justice generally – balance of convenience – consideration of public interest – where documents proposed to be published prior to forthcoming Commission hearings Royal Commissions Act 1902 (Cth) s 6D(3) Federal Court of Australia Act 1976 (Cth) s 23 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (No 3) (1998) 195 CLR 1 cited Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 cited Brambles Holdings Limited v Trade Practices Commission (1980) 32 ALR 328 applied Hammond v Commonwealth (1982) 152 CLR 188 applied Victoria v Australian Building Construction Employees & Builders Labourers' Federation (1982) 152 CLR 25 applied Mann v Carnell (1999) 201 CLR 1 cited AWB LIMITED (ACN 081 890 459) v THE HONOURABLE TERENCE RHODERIC HUDSON COLE AO RFD QC AND COMMONWEALTH OF AUSTRALIA VID 594 OF 2006
YOUNG J
10 AUGUST 2006
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 594 OF 2006
BETWEEN: AWB LIMITED (ACN 081 890 459)
Applicant
AND: THE HONOURABLE TERENCE RHODERIC HUDSON COLE AO RFD QC
First Respondent
COMMONWEALTH OF AUSTRALIA
Second Respondent
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