High Court of Australia

Hogan v Australian Crime Commission [2010] HCA 21

240 CLR 651; 84 ALJR 479; 267 ALR 12

16 Jun 2010

Case Number: S289/2009

Before

French CJ, Gummow, Hayne, Heydon, Kiefel JJ

Catchwords

Federal Court of Australia – Powers - Restriction of publication of evidence - Section 50 of Federal Court of Australia Act 1976 (Cth) ("the Act") provided Federal Court may make such order forbidding or restricting publication of evidence as appears necessary to prevent prejudice to administration of justice or the security of the Commonwealth - Forensic decision to tender documents in evidence, under cover of s 50 order but pending further hearing - Order vacated at further hearing - Whether s 50 order no longer necessary to prevent prejudice to administration of justice - Whether inherent confidentiality sufficient to establish prejudice - Relevance of s 17(1) of the Act, requiring exercise of jurisdiction in open court, and relationship with s 50.

Federal Court of Australia – Practice and procedure - Inspection of documents by non-party - Interests of open justice - Principles applicable to exercise of power to grant leave under Federal Court Rules, O 46 r 6(3) - Relevance of existing order made under s 50 of the Act.

Words and phrases – "administration of justice", "confidential", "necessary".

Federal Court of Australia Act 1976 (Cth) – ss 17(1), 50.

Federal Court Rules – O 46 r 6(3).

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