LFB Resources NL v Minister for the Environment and Water (No 2)

[2025] FCA 1527

Federal Court of Australia5 December 2025

Built by Barristers,
For Australian Law.

1. Practice and Procedure
1. applications for non-publication orders under s 37AF
1. where individuals identified in documents filed in proceeding
1. whether orders are necessary to prevent prejudice to the proper administration of justice

The public interest in providing proper protection and respect for the rights and beliefs of Aboriginal people can inform the exercise of discretion under s 37AF on the ground in s 37AG(1)(a), such that confidentiality orders over culturally sensitive information provided during ATSIHP Act consultation processes may be necessary to prevent prejudice to the proper administration of justice.
Disclosure of confidential cultural information voluntarily provided under s 10 of the ATSIHP Act would undermine the statutory consultation process by deterring Aboriginal and Torres Strait Islander peoples from participating, which constitutes prejudice to the administration of justice.
Under s 37AG(1)(c), the safety ground is made out where the risk of harm — assessed by reference to gravity, likelihood and nature — rises above the level reasonably regarded as acceptable, even where some identifying information has already been published in the media.