Watson v AWB Limited (No 4) [2009] FCA 1175

FEDERAL COURT OF AUSTRALIA

Watson v AWB Limited (No 4) [2009] FCA 1175

PRIVILEGE – consideration of public interest immunity claims at the second stage – requirement to consider and balance the requirements of the due administration of justice against the national interest and the interests of national security – access to most documents refused Evidence Act 1995 (Cth), s 69, s 183

Watson v AWB Limited (No 2) [2009] FCA 1047 related JOHN WATSON AND KAYE WATSON IN THEIR OWN RIGHT AND AS REPRESENTATIVES OF THE GROUP MEMBERS v AWB LIMITED (ACN 081 890 459)

NSD 2020 of 2007

FOSTER J

15 OCTOBER 2009

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION NSD 2020 of 2007

BETWEEN: JOHN WATSON AND KAYE WATSON IN THEIR OWN RIGHT AND AS REPRESENTATIVES OF THE GROUP MEMBERS

Applicant

AND: AWB LIMITED (ACN 081 890 459)

Respondent

JUDGE: FOSTER J

DATE OF ORDER: 15 OCTOBER 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Subject to Order 2 below, access by the parties and their legal representatives to the documents produced by the Office of National Assessments (the ONA) and the Commonwealth of Australia in response to Orders made by Foster J on 17 September 2009 be refused. 2. Upon giving to the Court an undertaking in writing duly signed in the form of the undertaking set out in Schedule 2 to these Orders, the persons named in Schedule 1 to these Orders be permitted to inspect and photocopy the redacted form of Statutory Declaration produced to the Court by the ONA and the Commonwealth of Australia in response to Orders made by Foster J on 17 September 2009 which is marked as "Confidential Exhibit 1" to these Orders. 3. Confidential Exhibits A1, A2 and B, the Judge's copy of confidential Exhibits A1 and A2 and all other documents produced to the Court in response to the Orders made by Foster J on 17 September 2009 (with the exception of the redacted Statutory Declaration which is "Confidential Exhibit 1" to these Orders) be returned to Counsel for the ONA and the Commonwealth of Australia upon terms that those documents be retained in safe custody by him until the expiration of seven (7) days from the date of these Orders at the expiration of which time, if no further applications are made in respect of those documents, all of those documents may be returned to the ONA. 4. There be no order as to the costs of the further consideration given to the matter determined by the Reasons for Judgment published and the Orders made today. SCHEDULE 1 Persons for the applicants who will need to see confidential material produced in answer to further amended subpoena to ASIC 1. John Sheahan SC 2. Michael Lee 3. Dale Bampton 4. Ben Slade 5. Jason Geisker 6. Jenny Tallis 7. Julian Schimmel 8. Addy Pong