FEDERAL COURT OF AUSTRALIA
Karas v LK Law Pty Ltd (No 2) [2023] FCAFC 55
Appeal from: LK Law Pty Ltd v Karas [2022] FCA 762 File number: SAD 112 of 2022 Judgment of: CHARLESWORTH, O’CALLAGHAN AND COLVIN JJ Date of judgment: 5 April 2023 Catchwords: PRACTICE AND PROCEDURE – where primary judge made a suppression order pursuant to ss 37AF(1)(b) and 37AG(1)(a) of the Federal Court of Australia Act 1976 (Cth) (Act) to treat certain documents as confidential –
interlocutory application by appellant seeking orders pursuant to ss 37AF(1)(b) and 37AG(1)(a) of the Act that parts of the reasons for judgment of Full Court be suppressedLegislation: Federal Court of Australia Act 1976 (Cth) ss 37AF(1)(b), 37AG(1)(a) Cases cited: Karas v LK Law Pty Ltd [2023] FCAFC 15 Division: General Division Registry: South Australia National Practice Area: Commercial and Corporations Sub-area: Commercial Contracts, Banking, Finance and Insurance Number of paragraphs: 24 Date of last submission/s: 3 March 2023 Date of hearing: Determined on the papers Counsel for the Appellant: Mr J Sheahan KC with Mr G Kozminsky and Ms E Brumby Solicitor for the Appellant: Arnold Bloch Leibler Counsel for the Respondents: Mr B Roberts KC with Mr T Besanko and Ms H Doyle Solicitor for the Respondents: Kerrs ORDERS
SAD 112 of 2022 BETWEEN: JASON DEMETRIOS KARAS
AND: LK LAW PTY LTD
First Respondent
SCIPIO JOHN LIPMAN
Second Respondent
LIPMAN FAMILY PTY LTD (ACN 627 125 580)
Third Respondent
ORDER MADE BY:
CHARLESWORTH, O’CALLAGHAN AND COLVIN JJ
DATE OF ORDER:
5 APRIL 2023
THE COURT ORDERS THAT:
1.The Full Court’s reasons for judgment in this matter in the form published to the parties, their legal representatives and Court staff on 17 February 2023 be amended in order to constitute the final reasons of the Court for general publication by redacting the content of paragraph [43] and in paragraph [54] by redacting the second sentence following the words “himself described”.
2.The redactions provided for in order 1 remain in effect only for as long as any relevant suppression order applies in Proceeding No. SAD222/2021.
3.These orders take effect notwithstanding the suppression order made in Proceeding No. SAD222/2021.
4.The appellant’s interlocutory application dated 23 February 2023 otherwise be dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
THE COURT:
We published to the parties, their legal representatives and Court staff our reasons in this matter on 17 February 2023. See Karas v LK Law Pty Ltd [2023] FCAFC 15.
Orders 3, 4 and 5 of the orders made on that date were:
3.The reasons for judgment provided to the parties today (Reasons) be suppressed from publication on the grounds specified in s 37AG(1)(a) of the Federal Court of Australia Act 1976 (Cth) and otherwise kept confidential until:
(a)if an application is filed in accordance with paragraph 4, the date of the resolution of that application; or
(b)if no application is filed in accordance with paragraph 4, 10.00am…
Keep reading for free
Create a free CaseChat account to read Karas v LK Law Pty Ltd (No 2) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2023] FCAFC 55
- Decision Date
CaseChat Overview and Summary
The court examined the arguments put forward by the appellant regarding the necessity of suppressing specific parts of the Full Court’s reasons for judgment. The Full Court had to determine whether the parts in question contained information that, if published, could indeed prejudice any future proceedings, and whether this outweighed the public interest in access to judicial documents. The court found that while the appellant's concerns about potential prejudice were valid, the parts of the reasons for judgment that were sought to be suppressed did not contain any information that could reasonably be considered as likely to prejudice any future proceedings. Consequently, the appeal was dismissed with the court affirming that the reasons for judgment could be published as they stood, except for specific redactions made to address any immediate concerns about potential prejudice.
The court ordered that the Full Court’s reasons for judgment, as published on 17 February 2023, be amended by redacting specific parts of paragraphs [43] and [54]. These redactions were to remain in effect only for as long as any relevant suppression order applied in the original proceeding. The appellant's application for further suppression was dismissed, and the orders made by the Full Court were to take effect notwithstanding the existing suppression order.
Orders
Orders of the court
1. The Full Court’s reasons for judgment in this matter in the form published to the parties, their legal representatives and Court staff on 17 February 2023 be amended in order to constitute the final reasons of the Court for general publication by redacting the content of paragraph [43] and in paragraph [54] by redacting the second sentence following the words “himself described”.
2. The redactions provided for in order 1 remain in effect only for as long as any relevant suppression order applies in Proceeding No. SAD222/2021.
3. These orders take effect notwithstanding the suppression order made in Proceeding No. SAD222/2021.
4. The appellant’s interlocutory application dated 23 February 2023 otherwise be dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.