Adultshop.Com Ltd v Members of the Classification Review Board (No. 2) [2007] FCA 1872

FEDERAL COURT OF AUSTRALIA

Adultshop.Com Ltd v Members of the Classification Review Board (No. 2)

[2007] FCA 1872 EVIDENCE – confidentiality orders – evidence of meetings of Standing Committee of Attorneys-General Censorship Ministers – need to prevent prejudice to administration of justice warrants departure from principle of open justice – considerations differ from public interest immunity – public interest in proper functioning of co-operative Ministerial Councils

Federal Court of Australia Act 1976 (Cth), s 50 Australian Broadcasting Commission v Parish (1980) 29 ALR 228 applied Johnston v Cameron (2003) 195 ALR 300 referred to Sankey v Whitlam (1978) 142 CLR 1 referred to Seven Network Limited v News Limited (No 2) (2005) 148 FCR 1 referred to ADULTSHOP.COM LIMITED (ACN 009 147 924) v MEMBERS OF THE CLASSIFICATION REVIEW BOARD AND ATTORNEY-GENERAL (COMMONWEALTH)(NO. 2) NSD 136 of 2007

JACOBSON J

29 november 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 136of 2007

BETWEEN: ADULTSHOP.COM LIMITED

(ACN 009 147 924)

Applicant

AND: MEMBERS OF THE CLASSIFICATION REVIEW BOARD

First Respondent

ATTORNEY-GENERAL (COMMONWEALTH)

Second Respondent

JUDGE: JACOBSON J DATE OF ORDER: 29 NOVEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Schedule A to the orders dated 6 September 2007 be amended by deleting [4]. 2. Application to revoke the orders be otherwise dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 136 of 2007

BETWEEN: ADULTSHOP.COM LIMITED

(ACN 009 147 924)

Applicant

AND: MEMBERS OF THE CLASSIFICATION REVIEW BOARD

First Respondent