Clime Capital Limited v UGL Pty Limited (No 2)

In the case of Clime Capital Limited v UGL Pty Limited (No 2), the applicant sought confidentiality orders over certain documents filed in support of settlement approval. The applicant argued that these orders were necessary to prevent prejudice to the proper administration of justice. The court considered the application and granted the requested confidentiality orders. The applicant, Clime Capital Limited, was pursuing a class action on behalf of shareholders of UGL Pty Limited who had allegedly suffered loss or damage due to the respondent's conduct. The applicant sought confidentiality orders for specific portions of documents relied upon in support of the settlement approval application, arguing that such orders were necessary to prevent prejudice to the proper administration of justice. The court accepted the applicant's contention and granted the orders.

The court noted that section 37AJ(2) of the Federal Court of Australia Act 1976 (Cth) required the order to be limited to a period that is 'reasonably necessary' to achieve the purpose of preventing prejudice to the proper administration of justice. The applicant referred to several cases where the confidentiality orders had been made 'until further order'. The court considered these cases and found that it was appropriate to grant the requested orders. The court granted the confidentiality orders as sought by the applicant. The orders were to remain in place until further order of the court.