Federal Court of Australia
Pigozzo v Mineral Resources Ltd (No 5) [2025] FCA 1638
File numbers: | WAD 103 of 2022 WAD 217 of 2022 |
Judgment of: | FEUTRILL JJ |
Date of judgment: | 18 December 2025 |
Catchwords: | PRACTICE AND PROCEDURE – non-party access request – principle of open justice – request to inspect redacted documents – request to inspect documents read and relied on in open court |
Legislation: | Federal Court of Australia Act 1976 (Cth) s 20A Federal Court Rules 2011 (Cth) r 2.32 |
Cases cited: | Pigozzo v Mineral Resources Ltd (No 4) [2025] FCA 1311 |
Division: | Fair Work Division |
Registry: | Western Australia |
National Practice Area: | Employment and Industrial Relations |
Number of paragraphs: | 6 |
Date of last submission/s: | 6 November 2025 |
Date of hearing: | Determined on the papers |
Solicitor for the Applicant: | The Applicant did not file any submissions |
Solicitor for the First, Second and Fifth Respondents: | Bennett |
Solicitor for the Fourth Respondent: | King & Wood Mallesons |
ORDERS
WAD 103 of 2022 | ||
| ||
BETWEEN: | STEVEN PIGOZZO Applicant | |
AND: | MINERAL RESOURCES LTD (ACN 118 549 910) First Respondent CHRIS ELLISON Second Respondent LAWFIRST PTY LTD (ACN 147 622 197) Third Respondent BOZENKO "BOB" GAVRANICH Fourth Respondent MARK WILSON Fifth Respondent | |
order made by: | FEUTRILL J |
DATE OF ORDER: | 18 dECEMBER 2025 |
THE COURT ORDERS THAT:
1. Kathryn Evans of the Australian Taxation Office have leave to inspect the documents identified in Schedule 1 to these orders.
2. Leave to inspect the documents identified in Schedule 2 to these orders be refused.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Schedule 1
No | Date Lodged | Document |
1 | 26 September 2025 | Redacted affidavit of Steven Pigozzo affirmed 22 January 2024 |
2 | 26 September 2025 | Redacted affidavit of Steven Pigozzo affirmed 15 November 2023 |
3 | 26 September 2025 | Redacted affidavit of Robert Johnson Nathaniel Woodhouse sworn 24 November 2023 |
4 | 26 September 2025 | Redacted affidavit of Michael Daniel Harmer affirmed 4 February 2024 |
5 | 26 September 2025 | Redacted affidavit of Michael Daniel Harmer affirmed 22 January 2024 |
6 | 26 September 2025 | Redacted affidavit of Michael Daniel Harmer affirmed 24 November 2023 |
7 | 26 September 2025 | Redacted affidavit of Michael Daniel Harmer affirmed 24 November 2023 |
8 | 26 September 2025 | Redacted affidavit of Michael Daniel Harmer affirmed 16 November 2023 |
9 | 26 September 2025 | Redacted affidavit of Michael Daniel Harmer affirmed 15 November 2023 |
10 | 13 December 2024 | Affidavit of Thomas Anthony Coltrona sworn 13 December 2024 |
11 | 6 September 2024 | Affidavit of Larina Michelle Alick affirmed 5 September 2024 |
12 | 28 August 2024 | Affidavit of Thomas Anthony Coltrona affirmed 28 August 2024 |
13 | 20 June 2023 | Affidavit of Jenna Patricia Mazza sworn 20 June 2023 |
14 | 20 June 2023 | Affidavit of Thomas Anthony Coltrona sworn 20 June 2023 |
15 | 25 January 2023 | Affidavit of Demi Ellen Swain sworn 25 January 2022 |
16 | 24 November 2022 | Affidavit of Demi Ellen Swain sworn 24 November 2022 |
17 | 12 June 2022 | Affidavit of Thomas Anthony Coltrona sworn 9 June 2022 |
18 | 10 June 2022 | Affidavit of Michael Daniel Harmer affirmed 10 June 2022 |
19 | 9 June 2022 | Affidavit of Thomas Anthony Coltrona sworn 9 June 2022 |
20 | 8 June 2022 | Affidavit of Thomas Anthony Coltrona sworn 8 June 2022 |
21 | 7 June 2022 | Affidavit of Thomas Anthony Coltrona sworn 7 June 2022 |
Schedule 2
No | Date Lodged | Document |
1 | 6 February 2024 | Affidavit of Neale Douglas Billington affirmed 6 February 2024 |
2 | 5 February 2024 | Affidavit of Samuel James Dundas affirmed 2 February 2024 |
3 | 4 February 2024 | Affidavit of Michael Daniel Harmer affirmed 4 February 2024 |
4 | 24 January 2024 | Affidavit of Michael Daniel Harmer affirmed 24 November 2023 |
5 | 22 January 2024 | Affidavit of Steven Pigozzo affirmed 22 January 2024 |
6 | 22 January 2024 | Affidavit of Michael Daniel Harmer affirmed 22 January 2024 |
7 | 19 January 2024 | Affidavit of Nicholas James Parkinson affirmed 18 January 2024 |
8 | 19 December 2023 | Affidavit of Thomas Anthony Coltrona sworn 19 December 2023 |
9 | 12 December 2023 | Affidavit of Simon James Rushton sworn 26 November 2023 |
10 | 12 December 2023 | Affidavit of Nicholas James Parkinson affirmed 12 December 2023 |
11 | 24 November 2023 | Affidavit of Michael Daniel Harmer affirmed 24 November 2023 |
12 | 24 November 2023 | Affidavit of Robert Johnson Nathaniel Woodhouse sworn 24 November 2023 |
13 | 26 October 2023 | Affidavit of Thomas Anthony Coltrona sworn 26 October 2025 |
14 | 19 October 2023 | Affidavit of Nicholas James Parkinson affirmed 19 October 2023 |
15 | 13 October 2023 | Affidavit of Thomas Anthony Coltrona affirmed 13 October 2023 |
16 | 13 October 2023 | Affidavit of Thomas Anthony Coltrona affirmed 13 October 2023 |
17 | 20 June 2023 | Affidavit of Lauren Margaret Brouwer-French affirmed 20 June 2023 |
18 | 19 June 2023 | Affidavit of Michael Daniel Harmer affirmed 19 June 2023 |
19 | 13 June 2023 | Affidavit of Michael Daniel Harmer affirmed 13 June 2023 |
20 | 26 April 2023 | Affidavit of Lauren Margaret Brouwer-French affirmed 26 April 2023 |
21 | 6 March 2023 | Affidavit of Lauren Margaret Brouwer-French affirmed 6 March 2023 |
22 | 23 November 2022 | Affidavit of Michael Daniel Harmer affirmed 23 November 2022 |
23 | 12 June 2022 | Affidavit of Thomas Anthony Coltrona sworn 12 June 2022 |
24 | 1 June 2022 | Affidavit of Nicholas James Parkinson affirmed 1 June 2022 |
ORDERS
WAD 217 of 2022 | ||
BETWEEN: | STEVEN PIGOZZO Applicant | |
AND: | MINERAL RESOURCES LTD (ACN 118 549 910) First Respondent CHRIS ELLISON Second Respondent BENNETT + CO Third Respondent ROBERT ‘BOB’ GAVRANICH Fourth Respondent | |
order made by: | Feutrill j |
DATE OF ORDER: | 18 December 2025 |
THE COURT ORDERS THAT:
1. Kathryn Evans of the Australian Taxation Office be refused leave to inspect the affidavits filed in this proceeding.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
FEUTRILL J:
1 Kathryn Evans of the Australian Taxation Office has applied for leave to inspect various affidavits filed in WAD103/2022 and in WAD217/2022 as a non-party under r 2.32(4) of the Federal Court Rules 2011 (Cth).
2 Consistently with the reasons given in Pigozzo v Mineral Resources Ltd (No 4) [2025] FCA 1311 at [3] the Court circulated Ms Evans’s application to the parties setting out the Court’s preliminary view that, in accordance with the principle of open justice, leave should be granted to inspect documents read and relied upon in open court which are not the subject of a non-publication or confidentiality order in WAD103/2022. No party opposed orders in those terms or otherwise sought to be heard on the application. Therefore, as there is no real issue of fact or law relevant to the determination of the application it has been determined without an oral hearing: s 20A of the Federal Court of Australia Act 1976 (Cth).
WAD103/2022
3 The affidavits identified in Schedule 1 to the orders were read and relied on in open court in the proceeding WAD103/2022 and are not the subject of a non-publication, confidentiality or suppression order. The applicant should have leave to inspect those documents.
4 The affidavits identified as items 1-23 of Schedule 2 to the orders were not read and relied upon in open court and (or) were the subject of a confidentiality order made on 16 September 2025. Leave to inspect these documents should be refused.
5 Item 24 of Schedule 2 (the affidavit of Nicholas James Parkinson affirmed 1 June 2022) was read and relied upon in open court at the interlocutory hearing on 1 June 2022. However, that affidavit annexed an unredacted copy of the statement of claim of 1 June 2022 that is the subject of the non-publication order made in paragraph 4 of the orders 18 September 2025. While that affidavit is not the subject of a specific non-publication or confidentiality order and has been read in open court, as the annexure is subject to a non-publication order, leave to inspect that affidavit should also be refused.
WAD217/2022
6 Proceeding WAD217/2022 concerned an application for leave to appeal from orders made 29 September 2022 striking out the statement of claim dated 1 June 2022. A number of affidavits were filed in that proceeding but none was read. Further, some of the documents contain annexures the subject of non-publication or confidentiality orders made in WAD103/2022. Leave to inspect those documents should also be refused.
I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Feutrill. |
Associate:
Dated: 18 December 2025
