Federal Court of Australia
Federal Court of Australia
Naude v DRA Global Limited [2023] FCA 493 File number: WAD 43 of 2023
Judgment of: SNADEN J
Date of judgment: 19 May 2023
Catchwords: PRACTICE AND PROCEDURE – interlocutory application for non-publication orders pursuant to s 37AF(1) of the Federal Court of Australia Act 1976 (Cth) – where statement of claim alleged to disclose information subject to without-prejudice privilege – where pleading in part alleged to be scandalous, vexatious or containing bare allegations – whether non-publication orders necessary to protect against prejudice to the administration of justice – application dismissed
Legislation: Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act 1976 (Cth) Pt VAA ss 37AA, 37AE, 37AI, 37AF, 37AG Federal Court Rules 2011 (Cth) r 2.32
Cases cited: Appleroth v Ferrari Australasia Pty Ltd [2020] FCA 756 Australian Rail, Tram and Bus Industry Union v Busways Northern Beaches Pty Ltd [2021] FCAFC 188 David Syme & Co v General Motors-Holden's Ltd [1984] 2 NSWLR 294 Herald & Weekly Times Ltd v Williams (2003) 130 FCR 435 Hogan v Australian Crime Commission (2010) 240 CLR 651 Huikeshoven v Secretary, Department of Education, Skills and Employment [2021] FCA 1359 John Fairfax Group Pty Ltd (Receivers and Managers Appointed) v Local Court (NSW) (1991) 26 NSWLR 131 Keyzer v La Trobe University (2019) 165 ALD 93 Pigozzo v Mineral Resources Ltd [2022] FCA 1166 R v Davis (1995) 57 FCR 512 Reynolds v JP Morgan Administrative Services Australia Ltd (No 2) (2011) 193 FCR 507 The Country Care Group Pty Ltd v Director of Public Prosecutions (Cth) (No 2) (2020) 275 FCR 377 Williams v Forgie (2003) 54 ATR 236
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