Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cantarella Bros Pty Ltd v Du Bois [2016] FCA 1115 File number: NSD 1337 of 2015
Judge: RARES J
Date of judgment: 11 August 2016
Catchwords: PRACTICE AND PROCEDURE – suppression and non-publication orders – protection of confidential information – Federal Court of Australia Act 1976 (Cth) – Federal Court Rules 2011 – where suppression and non-publication orders made under ss 37AF, 37AH and 37AI to protect confidential information – where proceedings discontinued by consent of the parties – where applicant seeks that certain documents be removed from the electronic court file and replaced with redacted documents pursuant to r 2.29(1)(a) or (b) – principles of open justice – whether pleadings and affidavits to be removed and replaced with redacted versions
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AH, 37AI Federal Court Rules 2011 rr 2.29, 2.32
Cases cited: Anchorage Capital Partners Pty Limited v ACPA Pty Limited (No 3) (2015) 331 ALR 512 Hearne v Street (2008) 235 CLR 125 Scott v Scott [1913] AC 417
Date of hearing: 11 August 2016
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Category: Catchwords
Number of paragraphs: 19
Counsel for the Applicant: Mr M Green SC with Ms M Gaven
Solicitor for the Applicant: Herbert Smith Freehills
Counsel for the Respondents: The Respondents did not appear
ORDERS NSD 1337 of 2015
BETWEEN: CANTARELLA BROS PTY LTD Applicant
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