What can Digital Mark J Smith help me with? (Part 1)

Digital Mark J Smith

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Based on your quoted order, the court has directed that all documents filed in the proceeding be kept confidential under r 2.32(3) of the Federal Court Rules 2011, and that the applicant can be heard regarding any request to inspect these documents. While this is a clear confidentiality restriction, Australian law distinguishes between a formal suppression order (which broadly prohibits disclosure, including publication to the public) and other confidentiality or non-publication directions. Confidentiality under r 2.32 implies restricted court file access, but may not equate to a formal suppression order as defined in the Court Suppression and Non-publication Orders Act 2010, which must explicitly prohibit publication or disclosure beyond the parties and court staff.

So, it may be premature to call this a suppression order unless the court has expressly made such an order under relevant suppression legislation. The documents are confidential, but 'suppressed' in the statutory sense may require a specific, express order.