Farrell v Super Retail Group Limited (Confidentiality Applications) [2024] FCA 954

Federal Court of Australia

Farrell v Super Retail Group Limited (Confidentiality Applications) [2024] FCA 954 File numbers: NSD 1009 of 2024 NSD 909 of 2024

Judgment of: LEE J

Date of judgment: 22 August 2024

Catchwords: PRACTICE AND PROCEDURE – open justice principles and their importance – suppression orders – Pt VAA of the Federal Court of Australia Act 1976 (Cth) – where parties sought interim and final non-publication orders – pseudonym orders – observations as to frequent practice of parties seeking swingeing confidentiality orders – where order must be necessary to prevent prejudice to the administration of justice – where SRG contends the disclosure of the terms of settlement deed would operate as a specific and general disincentive to non-curial resolution – where extant and related Fair Work Commission proceedings – where suppression order sought by SRG not necessary to prevent prejudice to the administration of justice – limited suppression order made pending application for leave to appeal – orders made INDUSTRIAL LAW – Fair Work Act 2009 (Cth) – adverse action – whistleblower protection – where applicant was employed by Super Retail Group as Chief Legal Officer and Company Secretary – where applicant alleges that SRG dismissed her following complaints concerning corporate governance issues and health and safety – where applicant seeks specific performance of alleged settlement agreement or damages for breach

Legislation: Corporations Act 2001 (Cth) ss 674, 677, 1317AAE Fair Work Act 2009 (Cth) s 368(3) Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AF(1), 37AG, 37AI(2), 37AJ, 37AE, 37M(2)(d) Evidence Act 1995 (Cth) Pt 4.6, ss 131(2)(f), 166(f)