Brannaghan v Australian Security and Investigations (Tas) Pty Ltd [2015] FCA 415

FEDERAL COURT OF AUSTRALIA

Brannaghan v Australian Security and Investigations (Tas) Pty Ltd [2015] FCA 415 Citation: Brannaghan v Australian Security and Investigations (Tas) Pty Ltd [2015] FCA 415

Parties: DAVID TRISTAN BRANNAGHAN v AUSTRALIAN SECURITY AND INVESTIGATIONS (TAS) PTY LTD (ACN 040 959 701), BRUCE TOWNSEND and STEPHEN JOHN CONRAD File number: VID 242 of 2012

Judge: NORTH J

Date of judgment: 10 March 2015

Legislation: Federal Court of Australia Act 1976 (Cth) ss 33V,33ZB(a), 33ZF, 37AF(1)(B)(iv)

Date of hearing: 10 March 2015

Place: Melbourne

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 20

Solicitor for the Applicant: Mr T Finney of Slater & Gordon

Solicitor for the Second, Third and Fourth Respondents: Ms L Forde of Cornwall Stodart

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 242 of 2012

BETWEEN: DAVID TRISTAN BRANNAGHAN

Applicant

AND: AUSTRALIAN SECURITY AND INVESTIGATIONS (TAS) PTY LTD (ACN 040 959 701)

Second Respondent

BRUCE TOWNSEND

Third Respondent

STEPHEN JOHN CONRAD

Fourth Respondent

JUDGE: NORTH J DATE OF ORDER: 10 MARCH 2015 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The terms 'Employee Private Information', 'Employee Confidential Information' and 'Employee Surveillance Information' used in the following Orders and any associated terms, are as defined in Schedule A annexed to this minutes of proposed orders. THE COURT ORDERS BY CONSENT THAT: 1. Pursuant to section 33V of the Federal Court of Australia Act 1976 (Cth) (Act), the proposed settlement of these proceedings as against the Respondents, in accordance with the Deed of Release at annexure MRC-1 of the confidential affidavit of Marcus Rogers Clayton affirmed on 21 March 2014 (the Settlement Agreement), be approved. 2. Pursuant to section 33ZB(a) and/or section 33ZF of the Act, the persons affected and bound by the settlement of the proceedings be the Applicant, the Respondents and the group members (as defined in the Amended Originating Application filed by the Applicant on 26 September 2013). 3. Pursuant to section 33ZF of the Act or otherwise, the Applicant be authorised nunc pro tunc on behalf of group members to enter into and give effect to the Settlement Agreement on behalf of those group members. 4. Pursuant to section 37AF(1)(B)(iv) of the Act, and on the ground that the order is necessary to prevent prejudice to the proper administration of justice, the confidential affidavit of Marcus Rogers Clayton affirmed on 21 March 2014 and its annexures be made confidential, forbidden from publication, and be sealed on the Court file in an envelope marked "Confidential - Not to be opened except by leave of the Court or a Judge." 5. Paragraph 2 of the order made in this proceeding on 16 March 2012 (as varied by paragraph 2 of the order made in this proceeding on 22 March 2012) be varied as follows: a. by deleting the comma after the words "Save for complying with order 1" and inserting in its place "and the orders of this Court made 10 March 2015,"; and b. by deleting the words "until further order". so that the order finally reads: "Save for complying with order 1 and the orders of this Court made on 10 March 2015, the Second Respondent, whether by itself, its directors, employees, servants, agents, or any of them, and the Third and Fourth Respondents, or any of them, be restrained from using, disclosing, publishing or sending in electronic form, or otherwise communicating to any person other than a lawyer for the purpose of obtaining legal advice or for the purposes of the conduct of this proceeding or the conduct of Supreme Court of Victoria proceeding number S CI 2011 04865, the Employee Private Information, the Employee Confidential Information and the Employee Surveillance Information. 6. Within seven days of this order, the Third Respondent or an authorised agent of the Second Respondent or Third Respondent will arrange for the destruction of any Employee Private Information, Employee Confidential Information or Employee Surveillance Information currently held anywhere in the world by or on behalf of the Second, Third or Fourth Respondent, or otherwise under their power, authority or control, other than documents retained for the purposes of the conduct of Supreme Court of Victoria proceeding number S CI 2011 04865. 7. Within twenty-eight days of the conclusion of Supreme Court of Victoria proceeding number S CI 2011 04865, the Third Respondent or an authorised agent of the Second Respondent or Third Respondent will arrange for the destruction of any Employee Private Information, Employee Confidential Information or Employee Surveillance Information retained by or on behalf of the Second or Third Respondent for the purposes of the conduct of Supreme Court of Victoria proceeding number S CI 2011 04865. 8. Within thirty-seven days of this order, the Applicant and Respondents jointly apply to the Court to make the following orders: a. dismissing the Proceeding with no order as to costs; 9. There be no order as to the costs of the proceeding. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.