Ferguson v Tasmanian Cricket Association (trading as Cricket Tasmania) [2021] FCA 1507

Federal Court of Australia

Ferguson v Tasmanian Cricket Association (trading as Cricket Tasmania) [2021] FCA 1507 File number(s): VID 697 of 2021

Judgment of: MORTIMER J

Date of judgment: 30 November 2021

Catchwords: PRACTICE AND PROCEDURE – Federal Court Rules 2011 (Cth) r 2.32(3) – restriction of access to originating application by non-parties – originating application not yet served on respondent – order restricting access limited until after originating application served on respondent

Legislation: Federal Court of Australia Act 1979 (Cth), ss 17, 37AE, 37AF, 37AG Federal Court Rules 2011 (Cth), rr 2.32, 16.02

Cases cited: Llewellyn v Nine Network Australia Pty Ltd [2006] FCA 836; 154 FCR 293 Messenger v Commonwealth of Australia [2017] FCA 879 Porter v Australian Broadcasting Corporation [2021] FCA 863 Rinehart v Rinehart [2014] FCA 1241; 320 ALR 195 Rinehart v Welker [2011] NSWCA 403; 93 NSWLR 311 Rush v Nationwide News Pty Ltd [2018] FCA 357; 359 ALR 473

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 16

ORDERS VID 697 of 2021

BETWEEN: RENEE FERGUSON Applicant

AND: TASMANIAN CRICKET ASSOCIATION (TRADING AS CRICKET TASMANIA) Respondent

order made by: MORTIMER J DATE OF ORDER: 30 NOVEMBER 2021

THE COURT ORDERS THAT:

1. Pursuant to r 2.32(3)(b) of the Federal Court Rules 2011 (Cth), the Originating Application in this proceeding be restricted from publication to persons other than parties in this proceeding. 2. Unless extended by further order, this order expires at 2.15pm on the day following the filing of a Notice of Address for Service by the respondent. 3. Upon the respondent filing a Notice of Address for Service, the Registrar is to advise the respondent of this order. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.