Farrell v Super Retail Group Limited (Closed Court Application)

FEDERAL COURT OF AUSTRALIA

Farrell v Super Retail Group Limited (Closed Court Application) [2024] FCA 1451

File number:

NSD 1009 of 2024

Judgment of:

LEE J  

Date of judgment:

11 December 2024

Catchwords:

PRACTICE AND PROCEDURE – application to close the Court – open justice – where evidence adduced in cross-examination may disclose information the subject of extant suppression order – extraordinary circumstances – order made to close the Court for as short as period as necessary to ensure justice is done in the proceeding

Legislation:

Federal Court of Australia Act 1976 (Cth) s 17(4)

Cases cited:

Lehrmann v Network Ten Pty Limited (Livestream) [2023] FCA 1452

R v Davis (1995) 57 FCR 514

Super Retail Group Limited v Farrell [2024] FCA 1214

Division:

Fair Work

Registry:

New South Wales

National Practice Area:

Employment and Industrial Relations

Number of paragraphs:

8

Date of hearing:

11 December 2024

Counsel for the applicant: 

Mr S Prince SC with Mr P Moorhouse and Ms T Wong

Solicitors for the applicant:

Harmers Workplace Lawyers

Counsel for the first, second, third and fifth respondents:

Mr J Sheahan KC with Mr M Follett SC, Ms Z Hillman and Mr D Ward

Solicitors for the first, second, third and fifth respondents:

Allens  

Counsel for the fourth respondent:

Ms S Palaniappan

Solicitors for the fourth respondent:

Arnold Bloch Leibler

 

ORDERS

NSD 1009 of 2024

BETWEEN:

REBECCA FARRELL

Applicant

AND:

SUPER RETAIL GROUP LIMITED

First Respondent

ANTHONY HERAGHTY

Second Respondent

KEVIN FIGUEIREDO (and others named in the Schedule)

Third Respondent

ORDER MADE BY:	LEE J
DATE OF ORDER:	11 DECEMBER 2024

THE COURT ORDERS THAT:

1.Pursuant to s 17(4) of the Federal Court of Australia Act 1976 (Cth), the cross-examination of Mr Harmer now proceed in a closed session of the Court for as short as period as necessary to ensure justice is done in the proceeding.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT
(Delivered ex tempore, revised from the transcript)

LEE J:

1. The first respondent, Super Retail Group Limited, has made an another, more refined and more limited application to close the Court.

2. It comes after an already lengthy cross-examination of the present witness, Mr Michael Harmer, during the trial of Ms Farrell’s claim for specific performance of an agreement allegedly struck on 6 May 2024 (Alleged 6 May Agreement).  

3. On 14 October 2024, orders were made by a Judge of the Court suppressing certain information said to be confidential aspects of the Alleged 6 May Agreement, which is the foundation of Ms Farrell’s specific performance suit: Super Retail Group Limited v Farrell [2024] FCA 1214.

4. It is a fundamental aspect of the common law that the administration of justice take place in Courts to which the public and the media have access. It is critical that the courts operate openly, and the fact that the judicial power of the Commonwealth is exercised openly, and not in secret, distinguishes its governmental…