Australian Information Commissioner v Australian Clinical Labs Limited [2023] FCA 1517

Federal Court of Australia

Australian Information Commissioner v Australian Clinical Labs Limited [2023] FCA 1517 File number(s): NSD 1287 of 2023

Judgment of: HALLEY J

Date of judgment: 1 December 2023

Catchwords: PRACTICE AND PROCEDURE – application by respondent for suppression and non-publication orders pursuant to s 37AF(1)(b)(iv) of the Federal Court of Australia Act 1976 (Cth) –where information subject of the application may expose respondent to increased threat of cyberattack – application granted

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG Privacy Act 1988 (Cth) s 2A

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Number of paragraphs: 11

Date of last submission: 30 November 2023 (respondent)

Date of hearing: Determined on the papers

Solicitor for the Applicant: DLA Piper

Solicitor for the Respondent: Gilbert+Tobin

ORDERS NSD 1287 of 2023

BETWEEN: AUSTRALIAN INFORMATION COMMISSIONER Applicant

AND: AUSTRALIAN CLINICAL LABS LIMITED (ACN 645 711 128) Respondent

order made by: HALLEY J DATE OF ORDER: 1 DECEMBER 2023

THE COURT ORDERS THAT:

1. Pursuant to s 37AF(1)(b)(iv) of the Federal Court of Australia Act 1976 (Cth) (Act), until further order of the Court, the following information in the concise statement, filed on 2 November 2023, is to be kept confidential and not published or otherwise disclosed to any person other than the applicant, the Australian Information Commissioner (and staff of the Office of the Australian Information Commissioner), the legal representatives retained by the applicant (including the applicant's solicitors and barristers and any support staff of those solicitors and barristers), any experts retained by the parties to the proceeding, and the Court (and any Court staff or any other person assisting the Court), on the grounds that this order is necessary to prevent prejudice to the proper administration of justice under s 37AG(1)(a) of the Act: (a) the information contained in the last sentence of sub-paragraph 13(b); (b) the information contained in the fourth, fifth and sixth sentences of sub-paragraph 13(c); and (c) the information contained in the second and third sentences of sub paragraph 13(d). 2. Costs of the interlocutory application dated 30 November 2023 be costs in the proceeding. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.