Confidentiality

The Federal Court has published ‘Model Orders’ for Protective Orders, exchanging material between parties, and Confidentiality Orders, for filing material with the Court. The website notes that any changes to the model order must be reflected with redlining and the Court may make the final decision on the terms of any order notwithstanding the agreement of the parties.

These model orders following a series of decisions reflecting disagreements as to the role of the Court in issuing orders relating to the protection of information exchanged between parties and the availability of parties to file materials under seal.