Ryan v Transurban Limited

Case [2024] FCA 994


FEDERAL COURT OF AUSTRALIA

Ryan v Transurban Limited [2024] FCA 994

File number: QUD 392 of 2024
Judgment of: RANGIAH J
Date of order: 19 August 2024
Date of publication of reasons: 29 August 2024
Catchwords: PRACTICE AND PROCEDURE – application for suppression order – where the parties have agreed to settle the proceeding – where the relevant documents have not been used in Court – whether suppression order necessary to prevent prejudice to the proper administration of justice – application allowed in part
Legislation:

Australian Human Rights Commission Act 1986 (Cth)

Federal Court of Australia Act 1976 (Cth) ss 37AA, 37AE, 37AF, 37AG, 37AG(1)(a), 37AH(2)(d), 50 and Pt VAA

Sex Discrimination Act 1984 (Cth) ss 28B(2), 47A and 106

Federal Court Rules 2011 (Cth) rr 4.01(2), 2.32, 2.32(2), 2.32(3), 2.32(4) and 34.163(2)

Cases cited:

Australian Competition and Consumer Commission v Cascade Coal Pty Ltd (No 1) (2015) 331 ALR 68; [2015] FCA 607

Baptist Union of Queensland – Carinity v Roberts (2015) 241 FCR 135

Chen v Migration Agents Registration Authority (No 1) [2016] FCA 649

Commissioner of the Australian Federal Police v Zhao (2015) 255 CLR 46

Ferguson v Tasmanian Cricket Association (t/as Cricket Tasmania) [2021] FCA 1507

Hogan v Australian Crime Commission (2010) 240 CLR 651

John Fairfax Publications Pty Ltd v Ryde Local Court (2005) 62 NSWLR 512

Llewellyn v Nine Network Australia Pty Ltd (2006) 154 FCR 293

McLaughlin v Glenn [2020] FCA 679

Oldham v Capgemini Australia Pty Ltd (No 2) [2016] FCA 1101

Patterson v Westpac Banking Corporation(No 2) [2024] FCA 818

Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 50
Date of last submission: 20 August 2024 (Respondent)
Date of Interlocutory Hearing: 19 August 2024
Solicitor for the Applicant: Mr P Turner of Maurice Blackburn Lawyers
Counsel for the Respondent: Ms J Marr
Solicitor for the Respondent: Herbert Smith Freehills

ORDERS

QUD 392 of 2024
BETWEEN:

JACINTA RYAN

Applicant

AND:

TRANSURBAN LIMITED

Respondent

ORDER MADE BY:

RANGIAH J

DATE OF ORDER:

19 AUGUST 2024

THE COURT ORDERS THAT:

1.Pursuant to s 37AF(1) of the Federal Court of Australia Act 1976 (Cth), on the ground that the order is necessary to prevent prejudice to the proper administration of justice, the following documents filed in the Court are ordered to be confidential within the meaning of r 2.32(1)(b) of the Federal Court Rules 2011 (Cth) and their publication (except to the parties' legal representatives) be prohibited for a period of 30 years:

(a)The Originating Application filed on 16 July 2024;

(b)The Statement of Claim filed on 16 July 2024;

(c)The Affidavit of Patrick Turner filed on 16 July 2024; and

(d)The Defence filed on 16 August 2024.

2.The order for suppression of the Originating Application filed on 16 July 2024 is made upon the applicant’s undertaking to file a copy of the Originating Application with the name of the first individual named in paragraph 5 redacted. For clarity, the copy of the…

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AGLC
Ryan v Transurban Limited [2024] FCA 994
Case
[2024] FCA 994
Decision Date

CaseChat Overview and Summary

The Federal Court of Australia heard an application by Ryan against Transurban Limited, which involved an application for a suppression order. The case was settled between the parties, but the question remained whether certain documents filed in the proceedings should remain confidential to prevent prejudice to the proper administration of justice. The relevant documents included the Originating Application, the Statement of Claim, an affidavit by Patrick Turner, and the Defence. The court was required to decide whether these documents should be treated as confidential and whether their suppression was necessary to prevent prejudice to the administration of justice.

The court considered the terms of the settlement and the need to maintain the confidentiality of sensitive information. It noted that the parties had agreed to the settlement without prejudice to their respective rights and that the documents had not been used in Court. The court held that the documents contained information that, if disclosed, could potentially prejudice the proper administration of justice, particularly if they were to be used in future proceedings or disclosed to third parties. Given the sensitive nature of the information and the settlement terms, the court found that a suppression order was necessary to protect the interests of the parties and the administration of justice.

Accordingly, the court ordered that the Originating Application, the Statement of Claim, the affidavit by Patrick Turner, and the Defence be treated as confidential and their publication be prohibited for 30 years, except to the parties' legal representatives. The court also required the applicant to file a redacted version of the Originating Application, ensuring that the name of the first individual named in paragraph 5 was removed. This order ensures that the sensitive information remains protected while allowing the court to maintain oversight of the confidentiality arrangements.

The court's orders reflect a careful balance between the need for confidentiality and the transparency of legal proceedings. By allowing the application in part, the court ensures that the sensitive information is protected, while also allowing for some degree of public access to the redacted documents. The orders provide a clear framework for the handling of the documents and ensure that the settlement terms are respected.

Orders

Orders of the court

1. Pursuant to s 37AF(1) of the Federal Court of Australia Act 1976 (Cth), on the ground that the order is necessary to prevent prejudice to the proper administration of justice, the following documents filed in the Court are ordered to be confidential within the meaning of r 2.32(1)(b) of the Federal Court Rules 2011 (Cth) and their publication (except to the parties' legal representatives) be prohibited for a period of 30 years:

(a) The Originating Application filed on 16 July 2024;

(b) The Statement of Claim filed on 16 July 2024;

(c) The Affidavit of Patrick Turner filed on 16 July 2024; and

(d) The Defence filed on 16 August 2024.

2. The order for suppression of the Originating Application filed on 16 July 2024 is made upon the applicant’s undertaking to file a copy of the Originating Application with the name of the first individual named in paragraph 5 redacted. For clarity, the copy of the Originating Application filed pursuant to this order is not the subject of any suppression order.

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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