The Federal Court has refused the applicant’s application for an order under s 37AG(1)(a) of the Federal Court of Australia Act 1976 that the contents of an annexure in an affidavit sworn 30 September 2013 not be published or otherwise made available. The applicant argued that the receipt by the Commissioner of the annexure would give him a knowledge of the content of the documents which he might then be able to use in proceedings between the applicant and the Commissioner – albeit, the proceedings were not presently on foot.
In refusing the application, the Court found that the suggested risk did not substantially arise and therefore the proposed confidentiality order was not necessary to prevent prejudice to the proper administration of justice. The Court also noted that while the material was no doubt financially sensitive and perhaps was capable of causing some degree of discomfort upon its release this was not a sufficient reason for making such an order. (Hua Wang Bank Berhad v FCT (No 6) [2013] FCA 992, Federal Court, Perram J, 30 September 2013.)
[LTN 196, 10/10/13]