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[2009] FCA 122
Federal Court of Australia
2009-02-19
Mansfield J
Original judgment source is linked above.
REASONS FOR RULING 1 The issue has arisen as to public access to this Court file in this matter. 2 The parties were notified of the issue and have made submissions. 3 The applicant does not oppose the public having access to the documents on the file which are governed by O 46 r 6(1) and (2) of the Federal Court Rules (Cth). No other documents on the file have been read or relied upon in open Court. The respondent opposes the documents covered by O 46 r 6(2) and any other documents on the file, being available for inspection. He has submitted that "the proceedings" should be confidential, and that alternatively, the documents on the file should be ordered to be confidential and not available for inspection because they "relate specifically to the confidential tax affairs of my wife and me". He has sought an order in respect of the contents of the file under s 50 of the Federal Court of Australia Act 1976 (Cth) (FCA Act), and relying upon the "confidentiality" provisions of the "taxation laws" as explained in the Australian Taxation Office Taxpayer's Charter January 2007. Section 50 of the FCA Act empowers the Court to prohibit the publication of evidence as appears to the Court to be necessary to prevent prejudice to the administration of justice or the security of the Commonwealth. 4 The respondent did not identify any particular provision of the Taxation Administration Act 1953 (Cth) or the Income Tax Assessment Act 1936 (Cth) which might apply to protect from publication the documents on the Court file which are governed by O 46 r 6(2) of the Rules. Nor did he identify any content of those documents which might in fact disclose information about the taxation affairs of himself or his wife. Nor did he identify any basis upon which s 50 might be enlivened in respect of that material. 5 I see no reason why O 46 r 6(1) and (2) should not apply so as to make available for public inspection the documents to which it refers. They are:
Associate: Dated: 19 February 2009
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the Respondent: The Respondent appeared in person
Date of Written Submissions: Applicant's: 4 February 2009 Respondent's: 3 February 2009 and 11 February 2009
Deputy Commissioner of Taxation
Nicholls