Federal Court of Australia
Federal Court of Australia
Sun Capital Pty Ltd v National Australia Bank Limited [2024] FCA 47 File number(s): VID 795 of 2023
Judgment of: WHEELAHAN J
Date of judgment: 2 February 2024
Catchwords: PRACTICE AND PROCEDURE — interlocutory application – where the respondent sought a suppression order under ss 37AF and 37AG(1)(a) of the Federal Court of Australia Act 1976 (Cth) over parts of the applicants' statement of claim and an affidavit in support, and confidentiality orders under r 2.32 of the Federal Court Rules 2011 (Cth) – where the respondent submitted that these orders were necessary to prevent prejudice to the proper administration of justice that would otherwise occur due to the undermining of a legislative scheme – held that the Court needed to be satisfied, on the basis of cogent evidence, that the orders sought were necessary to prevent prejudice to the administration of justice – the respondent did not advance a sufficient basis on which the Court could decide that suppression or non-publication or confidentiality was necessary – interlocutory application dismissed.
Legislation: Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), ss 5, 123(1), 123(10), 123(11) Federal Court of Australia Act 1976 (Cth), ss 37AF, 37AG, 37AG(1)(a) Federal Court Rules 2011 (Cth), rr 2.28, 2.32, 6.01, 16.21(2) Access to Documents and Transcripts Practice Note (GPN-ACCS)
Cases cited: Baptist Union of Queensland — Carinity v Roberts [2015] FCA 1068; 241 FCR 135 Chandrasekaran v Commonwealth of Australia (No 3) [2020] FCA 1629 Deputy Commissioner of Taxation v Hawkins [2016] FCA 164; 341 ALR 255 Ferguson v Tasmanian Cricket Association (trading as Cricket Tasmania) [2021] FCA 1507 Hogan v Australian Crime Commission [2010] HCA 21; 240 CLR 651 Huikeshoven v Secretary, Department of Education, Skills and Employment [2021] FCA 1359 Llewellyn v Nine Network Australia Pty Ltd [2006] FCA 836; 154 FCR 293 Oldham v Capgemini Australia Pty Ltd [2015] FCA 1149; 241 FCR 397 Rush v Nationwide News Pty Ltd [2018] FCA 357; 359 ALR 473 Vulcan Energy Resources Ltd v Murray [2021] FCA 1506
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