Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rogan v White [2024] FCA 1163 File number: NSD 1267 of 2024
Judgment of: JACKMAN J
Date of judgment: 2 October 2024
Catchwords: PRACTICE AND PROCEDURE – suppression – whether order necessary to prevent prejudice to the proper administration of justice – where parts of affidavits alleged to be the subject of legal professional privilege and without prejudice privilege
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG
Cases cited: Grant v Downs (1976) 135 CLR 674
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 9
Date of hearing: 2 October 2024
Counsel for the Applicant: Ms B Nolan
Solicitor for the Applicant: KMD Law & Advisory
Counsel for the Respondent: Mr JP Redmond and Mr D Thomas
Solicitor for the Respondent: Betar Lawyers
ORDERS NSD 1267 of 2024 IN THE MATTER OF LINDA ROGAN
BETWEEN: LINDA ROGAN Applicant
AND: RICHARD JOHN WHITE Respondent
order made by: JACKMAN J DATE OF ORDER: 2 October 2024
THE COURT ORDERS THAT:
1. Until 4.15 pm on the first day of the final hearing of this matter, the following evidence be suppressed and not published, and access to it be given only to the legal representatives for the parties, pursuant to ss 37AF(1)(b)(i) and 37AG(1)(a) of the Federal Court of Australia Act 1976 (Cth), on the grounds that it is necessary to prevent prejudice to the proper administration of justice: (a) the following portions of the affidavit of Linda Marie Rogan dated 12 September 2024: paragraphs 86 and 87, annexure LR21, and pages 137 to 138 of annexure LR22; (b) the following parts of the affidavit of Linda Marie Rogan dated 30 September 2024: paragraphs 3, 4 and the first line of paragraph 5, up to but not including the word "conversations". 2. The interlocutory application otherwise be dismissed. 3. Mr White pay the costs of Ms Rogan in relation to the interlocutory application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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