Williams and Members of the Companies Auditors Disciplinary Board

In the matter of Williams and the Companies Auditors Disciplinary Board, Deputy President McCabe P of the Administrative Appeals Tribunal considered an application for confidentiality orders under section 35 of the *Administrative Appeals Tribunal Act 1975* (Cth). The dispute concerned the disclosure of certain documents, specifically affidavits and submissions, which contained details of commercially sensitive negotiations and raised issues of privacy and commercial interests of third parties.

The primary legal issue before the Tribunal was whether the affidavits and submissions constituted "evidence given before the Tribunal" for the purposes of section 35 of the Act, and if so, whether confidentiality orders should be made to protect the sensitive information contained within them. The Tribunal was required to balance the public interest in open justice with the need to protect commercially sensitive information and third-party privacy.

Deputy President McCabe P reasoned that it was appropriate to make confidentiality orders in relation to the transcript of a Directions Hearing held on 5 February 2021 and the submissions discussed therein. This decision was made to ensure the efficacy of the confidentiality orders that the Tribunal intended to make, thereby preserving the confidentiality of the commercially sensitive information and the privacy of third parties involved. The Tribunal concluded that such orders were necessary to give effect to the protection of these interests.

The parties were directed to provide draft confidentiality orders within seven days of the decision, reflecting the reasons given. In the event that the parties could not agree on the terms of these orders, they were each to submit their proposed form of orders for the Tribunal's consideration.