Macquarie Radio Network Pty Ltd v Australian Broadcasting Authority [2002] FCA 1408

Macquarie Radio Network Pty Ltd v Australian Broadcasting Authority [2002] FCA 1408

Although there is a strong presumption in favour of non-party access to material read in open court, exceptional circumstances justified excluding Annexures E and F and Exhibit B because they had at all times been subject to restraints or possible restraints on publication and inspection would or might deprive the applicants of the benefit of a genuine settlement. Annexure C was also excluded because it contained confidential commercial information that might cause prejudice if published. The remaining affidavit and the transcript could be inspected because the transcript recorded what was said in open court and no sufficient reason justified refusing access.

Jurisdiction
Australia
Judgment Date
15 November 2002
Procedural Posture
Application by Non Parties to Inspect Affidavit, Annexures, Exhibit and Transcript on Court File Pursuant to Federal Court Rules O 46 R 6 / Leave Hearing Following Settlement and Discontinuance of Principal Interlocutory Proceedings
Outcome
Leave granted in part and refused in part; no order as to costs.
Legal Topics
['non Party Access to Court File' 'inspection of Affidavits, Exhibits and Transcript' 'open Justice' 'confidentiality Orders' 'settlement of Litigation' 'confidential Commercial Information']
['practice and Procedure'] ['non Party Access to Court File' 'inspection of Affidavits, Exhibits and Transcript' 'open Justice' 'confidentiality Orders' 'settlement of Litigation' 'confidential Commercial Information']

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Procedural Posture

Application by Non Parties to Inspect Affidavit, Annexures, Exhibit and Transcript on Court File Pursuant to Federal Court Rules O 46 R 6 / Leave Hearing Following Settlement and Discontinuance of Principal Interlocutory Proceedings

Legal Issues

  1. 1 ['Whether leave should be granted under Federal Court Rules O 46 r 6 for non-parties to inspect an affidavit read in open court.' 'Whether leave should extend to annexures and an exhibit that had been subject to confidentiality orders, an undertaking, or settlement-related restraints.' 'Whether confidential commercial information in an annexure justified refusing inspection.' 'Whether non-parties should be permitted to inspect the transcript of interlocutory proceedings heard in open court.']

Ratio Decidendi

Although there is a strong presumption in favour of non-party access to material read in open court, exceptional circumstances justified excluding Annexures E and F and Exhibit B because they had at all times been subject to restraints or possible restraints on publication and inspection would or might deprive the applicants of the benefit of a genuine settlement. Annexure C was also excluded because it contained confidential commercial information that might cause prejudice if published. The remaining affidavit and the transcript could be inspected because the transcript recorded what was said in open court and no sufficient reason justified refusing access.

Court Disposition

Leave granted in part and refused in part; no order as to costs.

Orders

  • ['Leave be granted pursuant to Federal Court Rules O 46 r 6(3) to representatives of the Australian Broadcasting Corporation, News Limited, John Fairfax Holdings Ltd, and John Fairfax Publications Pty Ltd to inspect the affidavit of Ms Cass-Gottlieb affirmed on 8 November 2002, but such leave is not to extend to...