Supreme Court confirms stringent standard for confidentiality

The Supreme Court of Victoria has recently rejected claims for confidentiality over documents, reiterating that confidentiality orders are a “stringent standard” and that it is not enough that an applicant merely wishes to avoid scrutiny or maintain confidence. The Court will only make a confidentiality order where it is necessary for the administration of justice. A basis for maintaining confidentiality must be identified (usually involving the identification of some apprehended particular or specific harm or damage that disclosure would cause). The protection of commercially sensitive information such as prices and costs incurred will only be upheld where an applicant can establish that each piece of commercial information has a confidential character warranting the protection of a court order.

See Patrick Stevedores Operations No 2 Pty Ltd & Anor v Essential Services Commission & Ors [2022] VSC 175 for more information.