Vardy (liquidator) v Titan Cranes and Rigging Pty Ltd, in the matter of Boon Business Consultants Pty Ltd (in liq) [2024] FCA 1410

Federal Court of Australia

Vardy (liquidator) v Titan Cranes and Rigging Pty Ltd, in the matter of Boon Business Consultants Pty Ltd (in liq) [2024] FCA 1410 File number: NSD 1219 of 2024

Judgment of: SHARIFF J

Date of judgment: 4 December 2024

Date of publication of reasons: 12 December 2024

Catchwords: PRACTICE AND PROCEDURE – application for suppression, non-publication and confidentiality orders in respect of statement of claim (SOC) – where SOC unable to be accessed prior to first case management hearing pursuant to r 2.32(2) of the Federal Court Rules 2011 (Cth) (Rules) – where judge made orders in chambers pursuant to r 2.32(3) that SOC remain confidential until first case management hearing, reflecting default rule – where applicants filed interlocutory application prior to first case management hearing seeking further and better particulars and an order under r 2.32(3) that SOC be confidential until further order of Court – where application for confidentiality order not pressed or raised at case management hearing and order not made, such that original order under r 2.32(3) expired – where case management hearing and evidence filed in support of interlocutory application canvassed allegations contained in SOC – where journalist sought and was granted access to SOC and indicated intention to publish article outlining allegations in SOC – where applicants sought urgent relief in form of confidentiality order under r 2.32(3) and interim suppression and non-publication order under s 37AI of the Federal Court of Australia Act 1976 (Cth) (FCA Act) – consideration of interaction between r 2.32 and Part VAA of FCA Act – held: unnecessary to decide questions as to whether r 2.32(2) provides for something broader than common law principle of open justice and whether r 2.32(3) provides source of power independent to s 37AF – held: no factual basis for making orders sought as allegations contained in SOC had in substance been laid bare in open court – application dismissed