the Applicant v Ferrari Australasia Pty Limited
Citation: [2020] FCA 756
At a glance
- Employees affected
- 1
What happened
the Applicant was employed by Ferrari entities and commenced an originating application on 15 May 2020 alleging dismissal in contravention of general protections provisions. The statement of claim included allegations about personal matters and conduct said to justify dismissal, and information about his remuneration. On 27 May 2020, before the application was served on Ferrari, the Applicant discontinued the proceeding. Media representatives later sought access to the court documents.
What was decided
the Applicant applied to have the filed documents designated confidential to prevent public inspection and media access. The court dismissed his application. Consistent with principles of open justice and the open administration of courts, the court held that mere embarrassment or concern about media speculation does not justify excluding public access to court documents. Media intervener Fairfax opposed the confidentiality order, which the court upheld.
What it means for employers
This decision reinforces that even withdrawn employment claims do not entitle parties to shield court documents from public scrutiny on grounds of privacy or embarrassment. Employers involved in fair work disputes should expect that unless there are exceptional circumstances, details disclosed in litigation will likely become public.
What it means for employees
Employees cannot use withdrawal of proceedings to prevent media or public access to allegations made in court documents. Personal details raised in fair work claims may become public even if the claim is discontinued.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2020/2020fca0756Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →