Porter v Australian Broadcasting Corporation [2021] FCA 863

Federal Court of Australia

Porter v Australian Broadcasting Corporation [2021] FCA 863 File number(s): NSD 206 of 2021

Judgment of: JAGOT J

Date of judgment: 30 July 2021

Catchwords: PRACTICE AND PROCEDURE – where parties settled proceeding – where interim suppression and non-publication orders were made – where parties proposed consent orders including order to permanently remove unredacted pleadings from Court file under r 16.21(2) of Federal Court Rules 2011 (Cth) (Court Rules) – where such order is important aspect of compromise between parties – where such order would prevent public from inspecting unredacted documents under r 2.32(2) – principle of public interest in open justice fundamental not absolute – Court to facilitate just resolution of disputes and give effect to contractual bargains between parties – unredacted documents to be removed from Court file on ground that it is necessary to prevent prejudice to proper administration of justice. PRACTICE AND PROCEDURE – interaction of Federal Court of Australia Act 1976 (Cth) (Court Act) and Court Rules – Court's powers to make suppression and non-publication orders under s 37AF (on grounds in s 37AG(1) and under limits imposed by ss 37AJ and 37AH) and to remove documents from Court file under rr 2.28 and 2.29 – operation of r 2.32 and timing of non-party inspection right. PRACTICE AND PROCEDURE – consent orders and orders made in chambers – when orders may be made in chambers and not in open court.

Legislation: Federal Court of Australia Act 1976 (Cth) ss 17, 37AA, 37AE–37AI, 37M, 37N Federal Court Rules 2011 (Cth) rr 1.32, 1.35, 1.36, 2.21, 2.25–2.29, 2.31, 2.32, 9.12, 16.21, 20.03 Judiciary Act 1903 (Cth) s 78B