Federal Court of Australia
Federal Court of Australia
Philipsen v Astora Women's Health, LLC [2022] FCA 1196 File number(s): NSD 35 of 2018
Judgment of: HALLEY J
Date of judgment: 28 September 2022
Date of publication of reasons: 6 October 2022
Catchwords: PRACTICE AND PROCEDURE – application for release from Harman undertaking in relation to health records and claimant information (Australian Documents) and to disclose information in the Australian Documents for certain permitted purposes in connection with US Chapter 11 proceedings (Permitted Purposes) – whether there are "special circumstances" to justify exercise discretion to release party from Harman undertaking – application granted BANKRUPTCY AND INSOLVENCY – application for authorisation to use the Australian Documents pursuant to art 25(1) of the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law (UNCITRAL) (Model Law) and s 6 of the Cross-Border Insolvency Act 2008 (Cth), and disclose information in the Australian Documents for the Permitted Purposes – where use and disclosure of personal information in Australian Documents subject to Commonwealth, State and Territory privacy legislation – definitions of "personal information" and "health information" – statutory privacy principles – extraterritorial application of privacy legislation – application of art 25 of the Model Law – application granted
Legislation: Corporations Act 2001 (Cth) ss 436E, 438B Cross-Border Insolvency Act 2008 (Cth), Sch 1, Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law (UNCITRAL) arts 25, 26, 27 Privacy Act 1988 (Cth) ss 5B, 6, 6A, 6C, 6FA, 15, 16C, 99A Privacy Act 1988 (Cth), Sch 1, Australian Privacy Principles, cls 6, 8 Insolvency Practice Rules (Corporations) 2016 (Cth) rr 70-30, 75-225 Health Records Act 2001 (Vic) ss 3, 92 Health Records Act 2001 (Vic), Sch 1, Health Privacy Principles, cls 2, 9 Health Records and Information Privacy Act 2002 (NSW) ss 5, 6, 11 Health Records and Information Privacy Act 2002 (NSW), Sch 1, Health Privacy Principles, cls 10, 11, 14 Health Records (Privacy and Access) Act 1997 (ACT) s 4 Health Records (Privacy and Access) Act 1997 (ACT), Sch 1, Privacy Principles, cls 9, 10 Title 11, United States Bankruptcy Code §§ 107, 342, 521
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