X v Godfrey

[2007] FCA 1404

FEDERAL COURT OF AUSTRALIA

X v Godfrey [2007] FCA 1404

X v MARK GODFREY AND AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
NSD1801 OF 2007

COWDROY J
5 SEPTEMBER 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD1801 OF 2007

BETWEEN:

X
Applicant

AND:

MARK GODFREY
First Respondent

AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
Second Respondent

JUDGE:	COWDROY J
DATE OF ORDER:	5 SEPTEMBER 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The Applicant be granted leave to file in Court the Application dated 5 September 2007 (‘the Application’), the affidavit of Geoffrey Edward Healy sworn on 5 September 2007 (‘the Affidavit’) and the Notice of Motion dated 5 September 2007 (‘the Notice of Motion’).

2.The Notice of Motion be returnable instanter and service of the Notice of Motion be dispensed with.

3.The time for service of the Application and Affidavit on the Respondents be abridged to 4.00 pm on 5 September 2007.

4.The Applicant be granted leave to serve the Application and Affidavit on the First Respondent by leaving a copy with the Second Respondent by 4.00 pm on 5 September 2007.

5.Until further order of the Court, no person may publish the name of the Applicant, or any information which might identify the Applicant including, but not limited to, the name of the Applicant’s employer or former employers.

6.Until further order of the Court, the proceedings be listed under the description ‘X v Godfrey’.

7.Until further order of the Court, access to the Court file relating to these proceedings be restricted to the parties to the proceedings and their legal advisers.

8.The Application be listed for hearing for interlocutory relief and for directions at 9.30 am on Tuesday 18 September 2007 before the duty Judge.

9.The Applicant serve a copy of these orders on each of the Respondents by leaving a copy of them with the Second Respondent by 4.00 pm on 5 September 2007.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD1801 OF 2007

BETWEEN:

X
Applicant

AND:

MARK GODFREY
First Respondent

AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
Second Respondent

JUDGE:	COWDROY J
DATE:	5 SEPTEMBER 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application under Order 4 rule 11 of the Federal Court Rules for short service of an application, and for an order under s 50 of the Federal Court of Australia Act 1976 (Cth) forbidding or restricting the publication of the name of the applicant or of any information which might identify the applicant, pending further order of the Court. The application is supported by an affidavit of Geoffrey Edward Healey, solicitor, sworn on 5 September 2007. The applicant has also referred the Court to the applicant’s application for an order of review under the Administrative Decisions (Judicial Review) Act 1977 (Cth), and an application under section 39B of the Judiciary Act 1903 (Cth), which forms the substantive claim of the applicant.

2. The applicant is the subject of a show cause notice (‘the notice’) issued by the first respondent, Mr Godfrey, in his capacity as an officer of the second respondent, the Australian Prudential Regulation Authority (‘APRA’).The applicant alleges various defects relating to the issue of such notice, including a denial of natural justice. The Court is informed that the respondents are aware of this application and that the respondents do not oppose the application for short service nor wish to make any submission against the making of a confidentiality order, pending further order of the Court.

3. The affidavit contains details relating to the applicant which prima facie establishes that he is an experienced professional in the insurance industry. The Court is satisfied that if the matters contained in the notice were published, and should it be found that the notice was issued unlawfully, harm might be sustained by the applicant. Accordingly, pending further order, the Court is prepared to make the order of confidentiality as sought pursuant to s 50 of the Federal Court of Australia Act 1976 (Cth) to prevent prejudice to the administration of justice. In the circumstances, short service is not strictly required. However, as the parties have agreed to that course, and as this application is now before the Court, it would be more efficient and save unnecessary costs if the Court made such orders.

4. Accordingly the Court makes orders as above.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Cowdroy.

Associate:

Dated:        5 September 2007

Counsel for the Applicant:	T Brennen
Solicitor for the Applicant	Freehills
Date of Hearing:	5 September 2007
Date of Judgment:	5 September 2007