BQC23 v BQS23 (Publication of reasons) [2023] FCA 890

Federal Court of Australia

BQC23 v BQS23 (Publication of reasons) [2023] FCA 890 File number: VID 314 of 2023

Judgment of: RARES J

Date of judgment: 1 August 2023

Catchwords: PRACTICE AND PROCEDURE – where party sought to have reasons either not published or published with substantial redactions – where some redactions made to preserve confidential or privileged information.

Legislation: Federal Court of Australia Act 1976 (Cth) ss 17(1) and 37AG

Cases cited: Ogawa v President of the Australian Human Rights Commission (2022) 294 FCR 221 Pilmer v Duke Group Ltd (In liq) (2001) 207 CLR 165

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance

Number of paragraphs: 8

Date of hearing: Determined on the papers

Solicitor for the applicant: Matrix Legal

Solicitor for the respondents: DW Fox Tucker Lawyers

ORDERS VID 314 of 2023

BETWEEN: BQC23 Applicant

AND: BQS23 Respondent

BQR23 Respondent

BQQ23 Respondent

order made by: RARES J DATE OF ORDER: 1 August 2023

THE COURT ORDERS THAT:

1. Subject to order 2 made today, the settled reasons for judgment given ex tempore on 28 June 2023 be published in the redacted form provided to the parties on 28 July 2023 (the redacted reasons). 2. Unless the Court otherwise orders, the redacted reasons be suppressed and not published, other than to the parties and their lawyers, up to and including 15 August 2023.

THE COURT NOTES THAT:

3. The ground for orders 1 and 2 above is that they are necessary to prevent prejudice to the proper administration of justice. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.