Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Valvo [2023] FCA 895 File number: NSD 670 of 2023
Judgment of: CHEESEMAN J
Date of judgment: 2 August 2023
Catchwords: PRACTICE AND PROCEDURE — joint application by parties for suppression orders over parts of originating process and affidavit — where first hearing for ex parte interim relief determined — where affidavit read in open court on ex parte application — where subsequent inter partes hearing — third party request by journalist for purposes of fair and accurate report — whether it is necessary to suppress the material pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) on the ground identified in s 37AG(1)(a) of the Act — consideration of applicable principles and interests of open justice — Held: some material suppressed for limited period or on interim basis, access request otherwise granted.
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG, 37AJ Federal Court Rules 2011 (Cth) rr 2.32(2)(a), 2.32(4)
Cases cited: Australian Competition and Consumer Commission v BlueScope Steel Limited [2019] FCA 1532 Australian Securities and Investments Commission v Atkins, in the matter of Magnolia Capital Pty Ltd (in liquidation) [2023] FCA 714 Australian Securities and Investments Commission v Marco [2019] FCA 466 Azimitabar v Commonwealth of Australia [2023] FCA 760 Hogan v Australian Crime Commission [2010] HCA 21; 240 CLR 651
Division: General Division
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