Parbery (Liquidator), in the matter of Queensland Nickel Pty Ltd (in liquidation)

The matter involves an application by the Special Purpose Liquidator of Queensland Nickel Pty Ltd, who seeks an order for a closed hearing and suppression of material. The application is before the Federal Court of Australia. The dispute centres on whether the court should exclude the public and suppress certain material in relation to the liquidator's application. This application arises out of broader proceedings concerning the liquidation of Queensland Nickel Pty Ltd, where the liquidator is seeking to enforce certain orders and gather evidence.

The court was required to determine whether the application for a closed hearing and suppression of material met the criteria set out in section 17(4) of the Federal Court of Australia Act 1976 (Cth). The court considered the interests of justice, the potential prejudice to the parties involved, and the public interest in open justice. The liquidator argued that a closed hearing was necessary to protect sensitive information and prevent potential prejudice to the proceedings, while the opposing parties contended that the application did not sufficiently justify the exclusion of the public and suppression of material.

The court held that the application met the criteria under section 17(4) of the Federal Court of Australia Act 1976 (Cth). The court found that the liquidator had demonstrated that a closed hearing was necessary to protect sensitive information and prevent potential prejudice to the proceedings. The court also considered the potential prejudice to the opposing parties and the public interest in open justice, but ultimately found that these factors did not outweigh the need for a closed hearing in this case. Accordingly, the court granted the liquidator's application and made the orders as set out in the orders section.

The court made an order that the application be heard at a hearing of the Court from which the public is excluded, with the exception of certain individuals. The court also ordered that the Parbery Affidavit and the Plaintiffs’ written outline of submissions be placed in an envelope on the file and sealed, and not be made available for inspection and not be filed electronically. Finally, the court ordered that the Court’s reasons for judgment in this application not be published until the delivery of judgment or the filing of a notice of discontinuance in Supreme Court of Queensland proceeding 6593/2017 or further order (whichever is the earlier).