Garnaut v Argall

FEDERAL COURT OF AUSTRALIA

Garnaut v Argall [2004] FCA 360

PRACTICE AND PROCEDURE – confidentiality – scope of obligation under s 150 Child Support (Assessment) Act 1989 (Cth)

Child Support (Assessment) Act 1989 (Cth) subss 150(1), 150(2), 150(5),
150(2A) by Act No 137/2001, Schedule 1
Income Tax Assessment Act 1936 (Cth) s 16(2)
Administrative Decisions (Judicial Review) Act 1977 (Cth)

Canadian Pacific Tobacco Company Limited v Stapleton (1952) 86 CLR 1
Federal Commissioner of Taxation v Nestle Australia Limited (1986) ATC 4760

PATRICIA ANNE GARNAUT v CATHERINE ARGALL, CHILD SUPPORT REGISTRAR

No Q 107 of 2003

SPENDER J
BRISBANE
23 MARCH 2004

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 107 OF 2003

BETWEEN:	PATRICIA ANNE GARNAUT APPLICANT
AND:	CATHERINE ARGALL, CHILD SUPPORT REGISTRAR RESPONDENT
JUDGE:	SPENDER J
DATE OF ORDER:	23 MARCH 2004
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The contents of the two affidavits of Christopher John Scott, and the exhibits therein referred to, remain confidential to the parties and their legal advisers to these proceedings, and that they not be made available to any other person without the leave of the Court first obtained.

2.      The costs of today are reserved.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 107 OF 2003

BETWEEN:	PATRICIA ANNE GARNAUT APPLICANT
AND:	CATHERINE ARGALL, CHILD SUPPORT REGISTRAR RESPONDENT

JUDGE:	SPENDER J
DATE:	23 MARCH 2004
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. In relation to the first series of orders which were sought by the notice of motion filed 5 March 2004, the Registrar, through her legal representative, has indicated that those orders are no longer pressed.  That seems to me to be an appropriate position to adopt.  The notice of motion sought the following orders:

   ‘1.That upon the filing in the registry of the affidavit of Christopher John Scott dated 23 February 2004 to which are exhibited documents considered to contain protected information as defined in s.150 of the Child Support (Assessment) Act 1989, the following directions shall apply:-

   1.1The affidavit shall be kept in a sealed envelope and only opened by the judge assigned to the hearing of this matter; or by the judges assigned to the hearing of any appeal arising out of this matter; or

   1.2Upon the directions of a judge.

   2.The Applicant be restrained from having access to the said affidavit and exhibits.

   3.Alternatively:

   3.1In addition to the orders set out in paragraphs 1.1 and 1.2, the affidavit and exhibits are to be made available only to the parties to the proceedings, including Mr Boyd if he is joined, and their respective legal advisers; and

   3.2The affidavit and its exhibits may only be referred to and used for the purposes of these proceedings.

   4.The costs of this motion be costs in the cause.

   5.Such further or other order as this Honourable Court deems fit.’

2. Section…