P v Australian Crime Commission [2008] FCA 1336

FEDERAL COURT OF AUSTRALIA

P v Australian Crime Commission [2008] FCA 1336

PRACTICE AND PROCEDURE – confidentiality orders – s 50 of the Federal Court of Australia Act 1976 (Cth) - whether confidentiality orders should continue in respect of evidence which was adduced and tendered in the expectation that confidentiality orders would continue to apply in respect of the evidence – principle of open justice – whether embarrassment caused by the disclosure of confidential personal, financial and taxation information warrants the making of confidentiality orders – onus of proof where confidentiality orders have been made and the Court is asked to rescind those orders Australian Crime Commission Act 2002 (Cth), ss 7C, 27, 28, 29, 29A, 29B Federal Court of Australia Act 1976 (Cth), ss 17, 50 Federal Court Rules(Cth), O 4 r 4, O 46 r 6 Australian Broadcasting Commission v Parish (1980) 29 ALR 228 C v Australian Crime Commission [2005] FCA 1736 Herald & Weekly Times v Williams (2003) 130 FCR 435 P v AUSTRALIAN CRIME COMMISSION AND ANOR

NSD 373 OF 2006

EMMETT J

29 AUGUST 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD373 OF 2006

BETWEEN: P

Applicant

AND: AUSTRALIAN CRIME COMMISSION

First Respondent

CHIEF EXECUTIVE OFFICER OF THE AUSTRALIAN CRIME COMMISSION

Second Respondent

JUDGE: EMMETT J DATE OF ORDER: 29 AUGUST 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. All current orders made under s 50 of the Federal Court of Australia Act 1976 (Cth) be vacated. 2. Order 1 be stayed up until 12 September 2008. 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 NSD373 OF 2006

BETWEEN: P

Applicant