Commissioner of the Australian Federal Police v Kirk, William Bruce & Ors [1997] FCA 251

Commissioner of the Australian Federal Police v Kirk, William Bruce & Ors [1997] FCA 251

Because the ABC had not served the parties to proceeding No QG 175 of 1987, the Court would not grant broad leave to inspect or copy documents requiring leave under O 46 r 6. The open justice principle and the terms of O 46 r 6 meant that some documents could be inspected without leave, and limited leave was appropriate for affidavits filed by Mr Anthony Harold Hyde Bailey. The motion was otherwise dismissed, with the ABC to pay Mr Bailey's costs.

Jurisdiction
Australia
Judgment Date
25 March 1997
Procedural Posture
Notice of Motion by a Non Party for Leave Under O 46 R 6 of the Federal Court Rules to Inspect and Copy Documents on a Federal Court File / Reasons for Judgment and Orders on the Motion
Outcome
Leave granted only to search and inspect affidavits filed by Mr Anthony H. H. Bailey and to take copies of inspected documents at the applicant's cost; the motion otherwise dismissed with costs payable by the applicant on the motion.
Legal Topics
['non Party Access to Court Files' 'inspection and Copying of Court Documents' 'confidential Court Documents' 'open Justice' 'costs']
['civil Procedure'] ['non Party Access to Court Files' 'inspection and Copying of Court Documents' 'confidential Court Documents' 'open Justice' 'costs']

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Procedural Posture

Notice of Motion by a Non Party for Leave Under O 46 R 6 of the Federal Court Rules to Inspect and Copy Documents on a Federal Court File / Reasons for Judgment and Orders on the Motion

Legal Issues

  1. 1 ['Whether the Australian Broadcasting Corporation should be granted leave under O 46 r 6 of the Federal Court Rules to inspect and copy documents on Federal Court file No QG 175 of 1987.' 'Whether leave should be granted in the absence of notice to the parties to proceeding No QG 175 of 1987.' 'Which documents on the file could be inspected without leave and which required leave.']

Ratio Decidendi

Because the ABC had not served the parties to proceeding No QG 175 of 1987, the Court would not grant broad leave to inspect or copy documents requiring leave under O 46 r 6. The open justice principle and the terms of O 46 r 6 meant that some documents could be inspected without leave, and limited leave was appropriate for affidavits filed by Mr Anthony Harold Hyde Bailey. The motion was otherwise dismissed, with the ABC to pay Mr Bailey's costs.

Court Disposition

Leave granted only to search and inspect affidavits filed by Mr Anthony H. H. Bailey and to take copies of inspected documents at the applicant's cost; the motion otherwise dismissed with costs payable by the applicant on the motion.

Orders

  • ['Pursuant to O 46 r 6, leave is granted to search and inspect the Federal Court file No 175 of 1987, for all affidavits filed of Mr Anthony H. H. Bailey.' 'Copies of all documents inspected may be taken, at the cost of the applicant.' 'The motion be otherwise dismissed.' 'The applicant on the motion to pay the...