Confidentiality sought in Bracken case

Cricket Australia wants former bowler Nathan Bracken to undertake a confidentiality agreement in relation to documents he's seeking for his legal case.

Confidentiality sought in Bracken case

Cricket Australia is seeking confidentiality agreements over documents requested by Nathan Bracken.

Former cricketer Nathan Bracken's attempt to sue the sport's governing body over a injury could be hindered as Cricket Australia seeks confidentiality agreements over some documents.

Bracken is suing Cricket Australia and three medical professionals for compensation over the management of a knee injury he suffered in 2007.

Cricket Australia wants Bracken and his lawyers to undertake a confidentiality agreement in relation to 81 documents he is seeking access to, the Supreme Court heard on Wednesday.

Cricket Australia lawyer Dean Kino told the court the documents included board meeting minutes, player contracts and agreements with broadcasters and sponsors.

Dominic Priestley, representing Cricket Australia, told Registrar Christopher Bradford the organisation had made "hundreds of thousands" of documents available but a very small number were commercially sensitive and should be subject to a confidentiality agreement.

Richard O'Keefe, representing Bracken, said such an agreement would lead to a waste of time and resources and potentially cost "hundreds of thousands of dollars".

It was also unnecessary as the confidentiality of such documents was already protected under court rules, the court heard.

Mr O'Keefe said a confidentiality agreement could interfere with expert witnesses gaining access to material and could give Cricket Australia a "forensic advantage" in the case.

He said the measures were "unreasonable, unworkable and far beyond what is required".

Bracken, who appeared in court for the hearing, said in a statement he was willing to settle the case but was disappointed such an argument had arisen.

"I would have much preferred to resolve this argument and indeed my claim through private discussions," he said.

"Hopefully that remains possible."

His case against Cricket Australia is not expected to be heard before next year.

Mr Bradford adjourned the matter for judgment on August 13.


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Source: AAP


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