Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Limited (No 2 - Application for non-publication orders) [2021] FCA 787

Federal Court of Australia

Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Limited (No 2 – Application for non-publication orders) [2021] FCA 787 File number: NSD 1316 of 2020

Judgment of: WIGNEY J

Date of judgment: 12 July 2021

Catchwords: PRACTICE AND PROCEDURE – applications for non-publication order in respect of reasons for judgment under s 37AF(1)(b)(i) of the Federal Court of Australia Act 1976 (Cth) – applications for confidentiality order in respect of reasons for judgment pursuant to r 1.20(3)(a) of the Federal Court (Criminal Proceedings) Rules 2016 (Cth) – whether orders necessary to prevent prejudice to the proper administration of justice – whether prejudice outweighed the primary consideration of the public interest in open justice – alternatively whether to redact part of the reasons for judgment – where Court found there was no basis for making non-publication order – where there was no prejudice to the proper administration of justice – where no proper basis for preventing any third parties from inspecting the Judgment – applications for orders dismissed

Legislation: Competition and Consumer Act 2010 (Cth), ss 79(1)(a), 79(1)(c), 44ZZRF(1), 44ZZRG(1) Federal Court (Criminal Proceedings) Rules 2016 (Cth), rr 1.20, 1.20(2), 1.20(2)(i), 3.01, 3.01(3), 3.01(4)(c), 3.07(3) Federal Court of Australia Act 1976 (Cth), ss 23, 23CB(1), 23CE, 23CE(a), 23CP(2)(a)(i)-(iv), 30AA(4), 30AB(2), 37AE, 37AF, 37AF(1)(b)(i), 37AG(1)(a)

Cases cited: Country Care Group Pty Ltd v Director of Public Prosecutions (Cth) (No 2) (2020) 275 FCR 377; [2020] FCAFC 44 Nationwide News Pty Ltd v Qaumi (2016) 93 NSWLR 384; [2016] NSWCCA 97