Commonwealth of Australia as represented by the Department of Industry, Innovation, Science, Research and Tertiary Education v Fairfax Media Ltd & Anor [2012] NSWSC 1336

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth of Australia as represented by the Department of Industry, Innovation, Science, Research and Tertiary Education v Fairfax Media Ltd & Anor [2012] NSWSC 1336 Hearing dates: 24 September, 2 & 3 October 2012 Decision date: 02 November 2012 Jurisdiction: Equity Division - Duty List Before: Slattery J Decision: Fairfax Media's application for access to the documents held by the Prothonotary dismissed. Catchwords: PROCEDURE - defendant's interlocutory application for access to documents held in Court by the Prothonotary and the subject of an existing interlocutory restraint - documents the subject of Freedom of Information Act 1982 (Cth) review - whether documents should be disclosed to representatives of the first defendant, Fairfax Media, pending final hearing. Legislation Cited: Australian Information Commissioner Act 2010 (Cth) Freedom of Information Act 1982 (Cth) Cases Cited: Bropho v Human Rights & Equal Opportunity Commission (2004) 135 FCR 105 Deta Nominees Pty Ltd v Viscount Plastic Products Pty Ltd [1979] VR 167 Johns v Australian Securities Commission (1993) 178 CLR 408 Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533 Royal Women's Hospital v Medical Practitioners Board of Victoria [2006] VSCA 85 The Commonwealth of Australia v John Fairfax & Sons Limited (1980) 147 CLR 39 Wheatley v Bell (1982) 2 NSWLR 544 Category: Interlocutory applications Parties: Plaintiff:- Commonwealth of Australia as represented by the Department of Industry, Innovation, Science, Research and Tertiary Education First Defendant:- Fairfax Media Ltd Second Defendant:- GM Holden Pty Ltd Representation: Counsel: Plaintiff:- L. Gyles SC; K. Dawson First Defendant:- T. Blackburn SC Second Defendant:- Mr R. P. L. Lancaster SC Solicitors: Plaintiff:- Robert Cutler, Clayton Utz First Defendant:- Leanne Norman, Banki Haddock Fiora Second Defendant:- Andrew Stewart, Baker McKenzie File Number(s): (2012/297370) Publication restriction: No