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 68 Order 8 of the orders made on 10 May 2024 prohibits disclosure of an annexure and an exhibit to the affidavit of Mr Michael Anderson affirmed on 1 May 2024 and one sentence of an affidavit of Mr Nicholas Perkins affirmed on 8 May 2024. These parts of the evidence involved technical information about the operation of X Corp's platform and usage data which, I was satisfied, was commercially sensitive and potentially useful to competitors. The order was only proposed to have effect until the determination of the proceeding or further order (although I expect an application will in due course be made to extend its operation). I was satisfied that this order should be made under the ground set out in s 37AG(1)(a). It would be undesirable if the conduct of proceedings in the Court were to have as a by-product the disclosure of commercially sensitive material, or if fear of that outcome were to deter parties from presenting relevant evidence.

I certify that the preceding sixty-eight (68) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Kennett.

Associate:

Dated: 14 May 2024 eSafety Commissioner v X Corp [2024] FCA 499