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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- Ryan v Transurban Limited [2024] FCA 994
- Case
- [2024] FCA 994
- Decision Date
CaseChat Overview and Summary
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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