FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Benjamin v Cathay Pacific Airways Limited [2025] FedCFamC2G 415
File number(s): SYG 468 of 2025 Judgment of: JUDGE MANOUSARIDIS Date of judgment: 26 March 2025 Catchwords: PRACTICE AND PROCEDURE – Request by non-party for access to documents contained in court file where there has been no hearing, final or interlocutory, in the proceeding in relation to which the documents have been filed – where parties oppose access being granted to the non-party and apply for a suppression or non-publication order pursuant to s 230(1) of the Federal Circuit and Family Court of Australia Act 2021 (Cth) (FCFC Act) in relation to the documents – whether s 230(1) of the FCFC Act applies where refusal to grant access to a document would not offend the open justice principle – whether order should be made pursuant to r 2.11(3)(a) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law Rules) 2021 (Cth) that the documents to which the non-party seeks access be confidential – order made that one of the documents be confidential. Legislation: Fair Work Act 2009 (Cth)
Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 229, 230, 231, 233, 254
Federal Court of Australia Act 1976 (Cth) ss 37AE, 37AG
Federal Circuit and Family Court of Australia (Division 2) (General Federal Law Rules) 2021 (Cth) rr 2.11, 21.01
Cases cited: eisa Limited v Damien Brady [2000] NSWSC 929
Farrell v Super Retail Group Limited (Confidentiality Applications) [2024] FCA 954
John Fairfax Publications Pty Ltd v Ryde Local Court [2005] NSWCA 101; 62 NSWLR 512
Re Japara Holdings Pty Ltd [2010] VSC 361
Russell v Russell [1976] HCA 23
Division: Fair Work Number of paragraphs: 33 Date of last submission/s: 3 March 2025 Date of hearing: Decided on the papers Place: Sydney Solicitor for the Applicant: Ms R Sutton of Mills Oakley Lawyers Solicitor for the Respondent: Ms G Rips of Workdynamic Australia Non-Party Representative: Ms C Caulfield for Lawyerly ORDERS
SYG 468 of 2025 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: DAVID BENJAMIN
Applicant
AND: CATHAY PACIFIC AIRWAYS LIMITED
Respondent
ORDER MADE BY:
JUDGE MANOUSARIDIS
DATE OF ORDER:
26 MARCH 2025
THE COURT ORDERS THAT:
1.Pursuant to r 2.11(3)(a) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law Rules) 2021 (Cth), until further order of the Court, the Form 2 filed by the applicant be confidential.
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to…
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- Case
- [2025] FedCFamC2G 415
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether section 230(1) of the Federal Circuit and Family Court of Australia Act 2021 (Cth) (FCFC Act) applied in circumstances where refusal to grant access to a document would not offend the open justice principle, and whether an order should be made pursuant to rule 2.11(3)(a) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law Rules) 2021 (Cth) that the documents to which the non-party sought access be confidential. The court was required to balance the right to access documents with the protection of confidential information and the principle of open justice.
The court found that section 230(1) of the FCFC Act applied in this case, as the refusal to grant access to a document would not necessarily violate the open justice principle. However, the court also found that the documents in question contained sensitive and confidential information, which warranted their protection. As a result, the court made an order pursuant to rule 2.11(3)(a) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law Rules) 2021 (Cth) that one of the documents be kept confidential. The court carefully considered the interests of all parties involved and sought to balance the need for transparency with the protection of sensitive information.
In conclusion, the court granted the application for a suppression or non-publication order for one of the documents, ensuring that the sensitive information contained within it remained confidential. This decision highlights the importance of balancing the right to access documents with the need to protect confidential information and the principle of open justice in legal proceedings.
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