Check a proposed suppression or non-publication order against the statutory grounds
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Compare the proposed order with sections 37AF and 37AG. Record what information would be restricted, which ground in section 37AG(1) is identified, and whether the order would state that ground. Note that section 37AE requires the Court to take open justice into account. Do not rewrite the order.
- What the lawyer must review
- The lawyer decides whether an order is necessary on a permitted ground, writes the order so that it specifies the ground, and addresses section 37AE. The lawyer uses the statute of the court that will hear the application.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Compare the proposed order with sections 37AF and 37AG. Record what information would be restricted, which ground in section 37AG(1) is identified, and whether the order would state that ground. Note that section 37AE requires the Court to take open justice into account. Do not rewrite the order. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the proposed ground is one of the four in section 37AG(1), and that mere commercial sensitivity is not treated as a ground unless it fits paragraph (a).
- Confirm the order would state the ground, as section 37AG(2) requires.
- Confirm the information to be restricted is within section 37AF, and is no wider than the ground requires.
- If the proceeding is not in the Federal Court, do not apply these sections. Use that court's statute.
Sources
- Federal Court of Australia Act 1976 (Cth), section 37AE · 2026-10-22
- Federal Court of Australia Act 1976 (Cth), section 37AF · 2026-10-22
- Federal Court of Australia Act 1976 (Cth), section 37AG · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.