Australian Competition and Consumer Commission v Meta Platforms, Inc. (formerly Facebook, Inc.) [2022] FCA 1062

Federal Court of Australia

Australian Competition and Consumer Commission v Meta Platforms, Inc. (formerly Facebook, Inc.) [2022] FCA 1062 File number: NSD 188 of 2022

Judgment of: YATES J

Date of judgment: 9 September 2022

Catchwords: PRACTICE AND PROCEDURE — application for an order under s 37AF of the Federal Court of Australia Act 1976 (Cth) prohibiting publication or other disclosure of an originating application and concise statement (initiating process), and other documents – whether an order is necessary to prevent prejudice to the proper administration of justice – where private prosecution has been commenced against first respondent – whether real risk that publication of the initiating process will prejudice first respondent's ability to receive a fair trial in the criminal proceeding – application for orders preventing inspection of the Court's file in respect of the initiating process and other documents – application granted in part

Legislation: Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth) ss 18, 29(1)(d) – (g), 34 Australian Securities and Investments Commission Act 2001 (Cth) ss 12DA(1), 12DB(1)(b) – (e), 12DF(1) Competition and Consumer Act 2010 (Cth) s 131A Crimes Act 1914 (Cth) ss 4G, 4J Criminal Code Act 1995 (Cth)) Sch, s 400.7(2) Federal Court of Australia Act 1976 (Cth) ss 37AE, 37AF, 37AG(1)(a)

Cases cited: Australian Competition and Consumer Commission v BlueScope Steel Limited [2019] FCA 1532 Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Limited (No 2 – Application for non-publication orders) [2021] FCA 787 Country Care Group Pty Ltd v Director of Public Prosecutions (Cth) (No 2) [2020] FCAFC 44; 275 FCR 377 News Digital Media Pty Ltd v Mokbel (2010) 30 VR 248