Australian Competition and Consumer Commission v Air New Zealand Limited (No 3) [2012] FCA 1430

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Air New Zealand Limited (No 3) [2012] FCA 1430 Citation: Australian Competition and Consumer Commission v Air New Zealand Limited (No 3) [2012] FCA 1430

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v AIR NEW ZEALAND LIMITED (ARBN 000 312 685) AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v P.T. GARUDA INDONESIA LTD (ARBN 000 861 165)

File numbers: NSD 534 of 2010 NSD 955 of 2009

Judge: PERRAM J

Date of judgment: 14 December 2012

Catchwords: PRACTICE AND PROCEDURE – Suppression order – application by third party for suppression order – whether former s 50 of the Federal Court of Australia Act 1976 (Cth) applies to application – whether, alternatively, new Part VAA applies – consideration of the requirements of new Part VAA and comparison with former s 50 – whether principles that applied to s 50 can be applied to s 37AG(1)(a) – whether suppression order should be made – whether age of documents precludes suppression order

Legislation: Federal Court of Australia Act 1976 (Cth) ss 4, 37AE, 37AF, 37AG, 37AH, 37AJ, 50, pt VAA Access to Justice (Federal Jurisdiction) Amendment Act 2012 (Cth) s 2, sch 2

Cases cited: Australian Broadcasting Commission v Parish (1980) 43 FLR 129; [1980] FCA 33 cited Australian Competition and Consumer Commission v Cement Australia Pty Ltd (No. 2) [2010] FCA 1082 cited Cyclopet Pty Ltd v Australian Nuclear Science and Technology Organisation [2012] FCA 1326 cited Hogan v Australian Crime Commission (2010) 240 CLR 651 applied Sportsbet Pty Ltd v State of New South Wales (No 12) [2010] FCA 62 cited