Federal Court of Australia
Federal Court of Australia
Alpert v Commonwealth of Australia (Department of Defence) [2023] FCA 784 File number: VID 161 of 2023
Judgment of: SNADEN J
Date of judgment: 11 July 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 particularised identities of the complainant and witnesses to an historical allegation of a sexual offence – whether non-publication order necessary to protect against prejudice to the proper administration of justice – whether the administration of justice is prejudiced by concerns that prospective complainants' identities might be disclosed – consideration of principles of open justice – consideration of competing interests – orders made
Legislation: Defence Force Discipline Act 1982 (Cth) Federal Court of Australia Act 1976 (Cth) Pt VAA – ss 37AA, 37AE, 37AF, 37AG
Cases cited: AA v BB (2013) 296 ALR 353 Australian Competition & Consumer Commission v Origin Energy Electricity Ltd [2015] FCA 278 Clark v Digital Wallet Pty Ltd [2020] FCA 877 Naude v DRA Global Limited [2023] FCA 493 Porter v Australian Broadcasting Corporation [2021] FCA 863 PPP v QQQ (as the representative of the Estate of RRR (deceased)) [2011] VSC 186 R v Kwok (2005) 64 NSWLR 335
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
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