Ashby v Slipper (No 2)

In the case of Ashby v Slipper (No 2), the parties involved were the Commonwealth of Australia, represented by the Australian Federal Police, and two former individuals, Mr Ashby and Mr Slipper. The dispute centred around the release of two discs containing text messages that were potentially relevant to an ongoing criminal investigation. The Federal Court of Australia was tasked with determining whether the Commonwealth should be permitted to release these discs to the Australian Federal Police for the purposes identified in the proposed orders. The legal issues the court had to resolve included the release of the Commonwealth from an implied undertaking regarding the two discs and the power to make supplemental orders after the conclusion of proceedings. The court found that the Commonwealth should be released from the implied undertaking as both Mr Ashby and Mr Slipper consented to the orders sought, and there was a legitimate public interest in facilitating the police investigation. Additionally, the court considered that the text messages on the discs could lead to the disclosure of further information relevant to the police investigation, and the original mobile phone from which the information was downloaded was no longer available. The court concluded that the orders sought by the Commonwealth should be made, and the Commonwealth should be released from the implied undertaking to the extent identified in the orders sought and in the form to which Messrs Ashby and Slipper consented. The court also agreed that there should be no order as to costs.