Seven Network v Cricket Australia [2021] FCA 1031

Federal Court of Australia

Seven Network v Cricket Australia [2021] FCA 1031 File number: VID 764 of 2020

Judgment of: ANASTASSIOU J

Date of judgment: 27 August 2021

Catchwords: PRACTICE AND PROCEDURE – preliminary discovery application pursuant to r 7.23 of the Federal Court Rules 2011 (Cth) – whether Federal Court of Australia has jurisdiction to hear and determine prospective proceeding – whether there is a matter that arises under federal law or a right, duty or obligation that owes its existence to federal law or depends upon federal law for its enforcement – jurisdiction established PRACTICE AND PROCEDURE – consideration of three limbs of r 7.23(1) – whether prospective applicant has grounds for reasonable belief in potential right to obtain relief – grounds established – whether prospective applicant has made reasonable inquiries and does not have sufficient information to decide whether to commence proceedings – reasonable inquiries made and insufficient information received – whether prospective respondent has or is likely to have documents that are directly relevant – such documents likely to exist and would assist prospective applicant in making a decision about whether to commence a proceeding – discretionary considerations for refusing relief under r 7.23(2) – relevance of court documents being allegedly leaked to media – orders made for preliminary discovery of documents pending agreement or determination of appropriate categories

Legislation: Acts Interpretation Act 1901 (Cth), s 15AC Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth), s 18 Biosecurity Act 2015 (Cth) Broadcasting Services Act 1992 (Cth), ss 12, 36, 41C Copyright Act 1968 (Cth) Corporations Act 2001 (Cth), ss 119, 124, 1378 Judiciary Act 1903 (Cth), s 39B(1A)(c) Trade Marks Act 1995 (Cth) Federal Court Rules 2011 (Cth), rr 7.23, 7.29