McGrane v Seven Network (Operations) Pty Ltd - [2025] FCA 944

FEDERAL COURT OF AUSTRALIA
McGrane v Seven Network (Operations) Pty Ltd [2025] FCA 944

File number(s): NSD 543 of 2025

Judgment of: BROMWICH J

Date of judgment: 12 August 2025

Catchwords: PRACTICE AND PROCEDURE – application for suppression and non-publication orders – where pleadings have closed – where matter referred to mediation yet to occur – whether disclosure of pleadings might imperil mediation – whether suppression and non-publication orders necessary to prevent prejudice to the proper administration of justice – HELD: application allowed

Legislation:
Fair Work Act 2009 (Cth)

Federal Court of Australia Act 1976 (Cth) ss 37AF(1), 37AG(1)(a)

Federal Court Rules 2011 (Cth) r 2.32(3)

Cases cited: Saw v Seven Network (Operations) Ltd [2024] FCA 1210; 305 FCR 340

Division: Fair Work Division

Registry: New South Wales

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 10

Date of hearing: 12 August 2025

Solicitor for the Applicant: Maurice Blackburn Lawyers

Counsel for the Respondent: Ms V Bulut

Solicitor for the Respondent: Johnson Winter Slattery

ORDERS

NSD 543 of 2025

BETWEEN:
MATTHEW MCGRANE

Applicant

AND:
SEVEN NETWORK (OPERATIONS) PTY LTD

Respondent

ORDER MADE BY:

BROMWICH J

DATE OF ORDER:

12 AUGUST 2025

THE COURT ORDERS THAT:
1.The respondent’s Interlocutory Application, dated 30 May 2025, be allowed.
2.Until the later of 31 October 2025 or 7 days after the mediation process ordered on 14 May 2025 is terminated, pursuant to s 37AF(1) of the Federal Court of Australia Act 1976 (Cth) (the Act) and on the ground in s 37AG(1)(a) of the Act that the order is necessary to prevent prejudice to the proper administration of justice, the following documents filed in this Court be ordered confidential for the purposes of r 2.32(3)(a) of the Federal Court Rules 2011 (Cth) and their publication (except to the parties’ legal representatives) be prohibited:
(a)Originating Application dated and filed on 9 April 2025;
(b)Statement of Claim dated and filed on 9 April 2025;
(c)Defence dated 16 May 2025 and filed on 19 May 2025;
(d)Affidavit of Ruveni Desaa Kelleher affirmed on 30 May 2025 in support of the Interlocutory Application; and
(e)Outline of submissions dated 30 May 2025 and filed on 2 June 2025 by the respondent in respect of the Interlocutory Application.

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
BROMWICH J:

The respondent, Seven Network (Operations) Pty Ltd, has been the employer of the applicant, Mr Matthew McGrane, for some 22 years. As a result of events that took place in the middle of 2024, Mr McGrane commenced this proceeding on 9 April 2025 by way of an originating application and statement of claim. Mr McGrane makes allegations of adverse action under a number of provisions of the Fair Work Act 2009 (Cth). He seeks declarations of contravention, compensation and civil penalties.
By orders made on 14 May 2025, I made provision for the filing of a defence by…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading McGrane v Seven Network (Operations) Pty Ltd

Details

AGLC: McGrane v Seven Network (Operations) Pty Ltd [2025] FCA 944
Case: [2025] FCA 944
Decision Date: 12 August 2025

CaseChat Overview and Summary

The case of McGrane v Seven Network (Operations) Pty Ltd involved an application for suppression and non-publication orders. The applicant, McGrane, sought to prevent the publication of certain documents related to the proceedings. The dispute was heard by the Federal Court of Australia, which was tasked with determining whether suppression and non-publication orders were necessary to prevent prejudice to the proper administration of justice. The matter was referred to mediation, but the mediation process had not yet occurred.

The primary legal issue before the court was whether the suppression and non-publication orders should be granted to protect the mediation process. The court needed to consider whether the disclosure of the pleadings might jeopardise the success of the mediation. The court was also required to assess whether the orders were necessary to prevent prejudice to the proper administration of justice. The respondent, Seven Network (Operations) Pty Ltd, argued that the orders were essential to protect the mediation process and to prevent any potential prejudice.

The court found that the suppression and non-publication orders were necessary to prevent prejudice to the proper administration of justice. The court noted that the mediation process had not yet occurred and that the disclosure of the pleadings might imperil the mediation. The court was satisfied that the orders were required to protect the mediation process and to prevent any potential prejudice to the parties. The court granted the application and ordered that the specified documents be kept confidential and that their publication be prohibited until the later of 31 October 2025 or 7 days after the mediation process is terminated.

The final orders of the court were that the respondent’s interlocutory application be allowed and that the specified documents be ordered confidential and their publication prohibited until the later of 31 October 2025 or 7 days after the mediation process is terminated. The court’s decision was based on the need to prevent prejudice to the proper administration of justice and to protect the mediation process.

Orders

Orders of the court

1. The respondent’s Interlocutory Application, dated 30 May 2025, be allowed.

2. Until the later of 31 October 2025 or 7 days after the mediation process ordered on 14 May 2025 is terminated, pursuant to s 37AF(1) of the Federal Court of Australia Act 1976 (Cth) (the Act) and on the ground in s 37AG(1)(a) of the Act that the order is necessary to prevent prejudice to the proper administration of justice, the following documents filed in this Court be ordered confidential for the purposes of r 2.32(3)(a) of the Federal Court Rules 2011 (Cth) and their publication (except to the parties’ legal representatives) be prohibited:

(a) Originating Application dated and filed on 9 April 2025;

(b) Statement of Claim dated and filed on 9 April 2025;

(d) Affidavit of Ruveni Desaa Kelleher affirmed on 30 May 2025 in support of the Interlocutory Application; and

(e) Outline of submissions dated 30 May 2025 and filed on 2 June 2025 by the respondent in respect of the Interlocutory Application.

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

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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File number(s):	NSD 543 of 2025
Judgment of:	BROMWICH J
Date of judgment:	12 August 2025
Catchwords:	PRACTICE AND PROCEDURE – application for suppression and non-publication orders – where pleadings have closed – where matter referred to mediation yet to occur – whether disclosure of pleadings might imperil mediation – whether suppression and non-publication orders necessary to prevent prejudice to the proper administration of justice – HELD: application allowed
Legislation:	Fair Work Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) ss 37AF(1), 37AG(1)(a) Federal Court Rules 2011 (Cth) r 2.32(3)
Cases cited:	Saw v Seven Network (Operations) Ltd [2024] FCA 1210; 305 FCR 340
Division:	Fair Work Division
Registry:	New South Wales
National Practice Area:	Employment and Industrial Relations
Number of paragraphs:	10
Date of hearing:	12 August 2025
Solicitor for the Applicant:	Maurice Blackburn Lawyers
Counsel for the Respondent:	Ms V Bulut
Solicitor for the Respondent:	Johnson Winter Slattery

ORDER MADE BY:	BROMWICH J
DATE OF ORDER:	12 AUGUST 2025