Application for orders under Federal Court of Australia Act 1976 (Cth) pt VAA
Orders as to confidentiality of certain affidavit evidence and annexures
Where orders proposed by consent
Quick Take
1Even where orders under pt VAA of the Federal Court of Australia Act 1976 (Cth) are proposed by consent, the court should not simply act on the parties' consent but should record some justification, given the importance of the public interest in open justice.
2The prospect that litigants may be deterred from vindicating their rights if doing so requires public disclosure of legitimately confidential information (a 'chilling' effect) is a recognised form of prejudice to the proper administration of justice, capable of making an order under s 37AF necessary within s 37AG(1)(a).
3On the facts, confidentiality orders over affidavit evidence exhibiting a business's client lists and customer relationship management records were necessary to prevent such prejudice, notwithstanding the public interest in open justice that s 37AE requires the court to take into account.
