Hogan v Australian Crime Commission [2010] HCA 21

HIGH COURT OF AUSTRALIA

FRENCH CJ,

GUMMOW, HAYNE, HEYDON AND KIEFEL JJ

PAUL HOGAN APPELLANT

AND

AUSTRALIAN CRIME COMMISSION & ORS RESPONDENTS

Hogan v Australian Crime Commission [2010] HCA 21

16 June 2010

S289/2009

ORDER

1. Appeal dismissed.

2. Appellant to pay the costs of the third respondents.

On appeal from the Federal Court of Australia

Representation

J T Gleeson SC with F Kunc SC and P Kulevski for the appellant (instructed by Robinson Legal)

S J Gageler SC, Solicitor-General of the Commonwealth with D F C Thomas for the first and second respondents (instructed by Australian Government Solicitor)

D F Jackson QC with T D Blackburn SC and T Maltz for the third respondent (instructed by Blake Dawson Lawyers)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Hogan v Australian Crime Commission

Federal Court of Australia – Powers – Restriction of publication of evidence – Section 50 of Federal Court of Australia Act 1976 (Cth) ("the Act") provided Federal Court may make such order forbidding or restricting publication of evidence as appears necessary to prevent prejudice to administration of justice or the security of the Commonwealth – Forensic decision to tender documents in evidence, under cover of s 50 order but pending further hearing – Order vacated at further hearing – Whether s 50 order no longer necessary to prevent prejudice to administration of justice – Whether inherent confidentiality sufficient to establish prejudice – Relevance of s 17(1) of the Act, requiring exercise of jurisdiction in open court, and relationship with s 50.

Federal Court of Australia – Practice and procedure – Inspection of documents by non-party – Interests of open justice – Principles applicable to exercise of power to grant leave under Federal Court Rules, O 46 r 6(3) – Relevance of existing order made under s 50 of the Act.