The Applicant sought an Order to direct that all evidence filed in the underlying Action be deemed confidential and would not be disclosed publicly. The underlying Action was related to an appeal of a review officer’s assessment of legal fees charged by the Respondent law firm (“Desired Relief”).

The legal fees related a Federal Court patent infringement claim.

As a preliminary question, the Court considered whether it was appropriate for a single judge to grant the Desired Relief or whether it required a panel. The Court determined that it was within a single judge’s jurisdiction in accordance with Rule 14.37.

The Court noted that Rule 14.38(2)(d) requires a panel to hear “an application for directions required to give effect to any decision of the Court of Appeal.” However, the Court determined that it did not apply because the decision of the Court in the Appeal at issue had been made, formalized, and nothing relating to what was being sought in the Desired Relief was intended to “give effect” to that judgement. 

Ultimately, the Court granted the Application in part indicating that the Desired Relief would be in place for a specified period of time.