Nicholls v Australian Federal Police (No 2) [2009] FCA 123

Nicholls v Australian Federal Police (No 2) [2009] FCA 123

It is appropriate under O 46 r 6(3) of the Federal Court Rules (Cth) to permit public access to affidavits read in open Court, as no confidential information or prejudice to the administration of justice has been identified, and the administration of justice should take place in open court.

Parties
Applicant: Arthur Christopher Nicholls; First Respondent: Australian Federal Police; Second Respondent: Deputy Commissioner of Taxation
Jurisdiction
Australia
Judgment Date
19 February 2009
Procedural Posture
Originating Application / Ruling on Public Access to Documents
Outcome
Application for interim order restraining access refused; public access to documents and affidavits read in open court permitted.
Legal Topics
Access to Court Documents, Open Justice, Confidentiality, Inspection of Affidavits
Civil Procedure Access to Court Documents Open Justice Confidentiality Inspection of Affidavits

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Parties

Arthur Christopher Nicholls

Applicant

Australian Federal Police

First Respondent

Deputy Commissioner of Taxation

Second Respondent

Procedural Posture

Originating Application / Ruling on Public Access to Documents

Legal Issues

  1. 1 Whether the public should have access to affidavits and other documents read in open court
  2. 2 Whether any confidential information warrants restricting access
  3. 3 Whether applicant is entitled to interim order restraining public access

Ratio Decidendi

It is appropriate under O 46 r 6(3) of the Federal Court Rules (Cth) to permit public access to affidavits read in open Court, as no confidential information or prejudice to the administration of justice has been identified, and the administration of justice should take place in open court.

Court Disposition

Application for interim order restraining access refused; public access to documents and affidavits read in open court permitted.

Orders

  • Public may inspect specified documents as listed under O 46 r 6(1) and (2) of Federal Court Rules (Cth).
  • Public may inspect affidavits read in open court as listed.